Legal Question in Criminal Law in Texas

Jury Trial

During jury selection one of the prospective jurors, said they knew me; said he worked on my teeth previously, but they still assigned him to my jury.

Is that legal?


Asked on 7/14/10, 3:25 pm

2 Answers from Attorneys

Paul Walcutt Law Office of Paul Holt Walcutt

Just because someone knows you doesn't mean that they can't serve on your jury. The Code of Criminal Procedure identifies the reasons why people can be excluded for cause:

1. That the juror is not a qualified voter in the state and county under the Constitution and laws of the state; provided, however, the failure to register to vote shall not be a disqualification;

2. That the juror has been convicted of misdemeanor theft or a felony;

3. That the juror is under indictment or other legal accusation for misdemeanor theft or a felony;

4. That the juror is insane;

5. That the juror has such defect in the organs of feeling or hearing, or such bodily or mental defect or disease as to render the juror unfit for jury service, or that the juror is legally blind and the court in its discretion is not satisfied that the juror is fit for jury service in that particular case;

6. That the juror is a witness in the case;

7. That the juror served on the grand jury which found the indictment;

8. That the juror served on a petit jury in a former trial of the same case;

9. That the juror has a bias or prejudice in favor of or against the defendant;

10. That from hearsay, or otherwise, there is established in the mind of the juror such a conclusion as to the guilt or innocence of the defendant as would influence the juror in finding a verdict.

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Answered on 7/14/10, 6:35 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Merely being acquainted with you or having done some business with you does not mean the juror will be biased one way or another. He could properly be seated on your jury if he seemed able to judge your case fairly. Did your lawyer challenge the juror? If so, did she challenge him for cause or use a peremptory challenge? If she chose to accept him, then you probably cannot complain about him anyway.

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Answered on 7/14/10, 6:43 pm


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