The People, Plaintiff and Respondent v. John Alexander Riccardi, Defendant and Appellant — Liu, J., Concurring

Summary

Justice Liu's concurrence maintains that the governing precedents are distinguishable rather than inconsistent: automatic reversal applies when a qualified prospective juror is erroneously excused for cause, while harmless-error review applies when an improperly retained juror is removed by a peremptory challenge and does not serve. Liu concludes that the established distinction has been workable and repeatedly applied, so stare decisis provides no basis to revisit it. Chief Justice Cantil-Sakauye, concurring separately, agreed with reversal but questioned whether the underlying rationale sufficiently explains the rule's scope.