Wednesday, January 28, 2026

Matthews v. Ryan (Cal. Ct. App. - Jan. 28, 2026)

I agree with Justice Bendix that the appellant forfeited any objection to the way prospective jurors were seated in this matter. But particularly since what happened below appears to be the typical way the trial judge here seats jurors, it might have been worth adding something like the following line in the opinion:

"We emphasize, however, that it is not proper for the trial court to ask for 'volunteers' to sit on the jury rather than calling the prospective jurors by number. We reiterate that random selection of jurors is a firm and sound policy mandated by the Legislature. The clerk must randomly select the names of prospective jurors for voir dire. Trial courts should not utilize -- and parties should promptly object to -- any variation from this procedure."