The People, Plaintiff and Respondent v. Francis Mata, Defendant and Appellant — Werdegar, J., Concurring

Summary

Justice Werdegar agrees that the trial court erred by continuing jury selection after sustaining the discriminatory-juror challenge without an express waiver of the default remedy, but concludes the error was harmless because defendant received a remedy and there was no reasonable probability of a more favorable result. She would require an express and knowing on-the-record waiver before an alternative remedy could replace quashing the venire. Justice Baxter, concurring, would consider whether reseating a single improperly challenged juror may eliminate any right to quash the venire, while Justice Liu, concurring, agrees that consent short of express waiver may suffice if the party had a meaningful opportunity to object.