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PEOPLE v. LAVENDER

No. S209975.

60 Cal.4th 679 (2014)

181 Cal. Rptr. 3d 28

339 P.3d 318

THE PEOPLE, Plaintiff and Respondent, v. FLOYD LAVENDER, Defendants and Appellant. THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JAMES GAINES, Defendant and Appellant.

Supreme Court of California.

December 8, 2014.

Attorney(s) appearing for the Case

Kimberly J. Grove , under appointment by the Supreme Court, for Defendant and Appellant Floyd Lavender.

Rebecca P. Jones , under appointment by the Supreme Court, for Defendant and Appellant Michael James Gaines.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons and Julie L. Garland , Assistant Attorneys General, Gil Gonzalez , Steven T. Oetting and Eric A. Swenson , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

Jurors, like all human beings, are imperfect. It follows that jury deliberations may also be imperfect. A single juror may fail to recollect some bit of testimony. Some jurors may forget or misapply one of the instructions. Others may focus tenaciously but unreasonably on one aspect of the record to the exclusion...

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