Does a trial court violate a criminal defendant's Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of deliberations for 'failing to deliberate'

QUESTION PRESENTED Does a trial court violate a criminal defendant’s Sixth Amendment right to trial by jury when it dismisses a defense holdout juror on the third day of deliberations for “failing to deliberate,” even though other jurors report that the juror had been participating in the deliberations by discussing the case, discussing his point of view, and listening to the other jurors? 1 PARTIES AND LIST OF PRIOR PROCEEDINGS The parties to this proceeding are Petitioner Brian Keith Figge and Respondent Scott Frauenheim, Warden. The California Attorney General represents Respondent. On December 14, 2012, Figge was convicted by jury in the Riverside County Superior Court in People v. Brian Keith Figge, case no. SWF1100774, Judge Albert J. Wojcik, presiding, of several counts of child sexual assault. Petitioner’s