Diaz

Harvey Diaz appeals a judgment after a jury convicted him of assault with a deadly weapon (knife) (Pen. Code, § 245, subd. (a)), con tending the trial court abused its discretion in not discharging the jury foreperson upon learning (in midtrial) she concealed during voir dire she had been feloniously assaulted at knifepoint during an attempted rape. He claims this denied him his right to an impartial and unbiased jury. We hold the juror’s failure to correctly respond to voir dire questions having a substantial likelihood to disclose facts showing a strong potential for juror bias prevented Diaz from intelligently inquiring into an area of potential bias upon which to base a challenge for cause or to knowingly exercise one of his remaining peremptory challenges. Because the concealment of the fact the juror had been a victim of the same crime with which Diaz was charged is so directly related to potential juror bias and because the presumption of prejudice arising from the jury misconduct has not been rebutted by either the People or a review of the entire record, we find the nondisclosure was prejudicial and reverse the judgment.

Factual and Procedural Background

On…