Court of Criminal Appeals of Texas

In a sexual assault prosecution, the Court of Appeals' judgment that Defendant was entitled to a mistrial is reversed where a juror's improper conversation raised the presumption of injury to Defendant, but there was no way to verify counsel's account of the conversation and the trial court instructed the jury to decide based solely on the evidence.

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Robert A. Leahey, Odessa, for Appellant., Lisa C. McMinn, First Asst. State's Atty., Jeffrey L. Van Horn, State's Atty., Austin, for State.