Legal Question in Criminal Law in Texas

I just served on a 12 person jury for a criminal case in a district court. This was my first time to serve on a jury. As the State and Defense "rested", and upon retiring to the jury room, the appointed jury foreman started the deliberation by saying, and I paraphrase, "it's been my experience as jury foreman in several trials, that before we even begin deliberating, we go around the table and take a verbal vote of guilty or not guilty to kind of get an idea of where we all stand, and to see if we are all already on the same page, if everyone agrees to doing this-"

My question is: was this an infraction or inappropriate?


Asked on 9/05/10, 1:47 pm

3 Answers from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

I don't have enough information from the facts you presented in order to give a complete answer.

I do not practice law in your area and I would be happy to discuss this matter with you further.

As you have questions whether in appropriate conduct may have taken place, I would be happy to discuss this matter with you further.

Please do not hesitate to contact me: 512-827-7548 (this number rings to my office and cell phone so you can reach me after hours). Time is of the essence so please do not delay in contacting me.

Kenneth Gober

Attorney at Law

Austin, Texas

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Answered on 9/10/10, 1:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I don't see anything wrong with it. After all, it sounds like this was just the start of the deliberations and not the entire process.

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Answered on 9/10/10, 2:05 pm
TC Langford Langford Law Office

It may be a perfectly acceptable beginning to deliberations, IF the foreman had previously disclosed in jury selection that he/she had served in prior trials, and had served as foreman in prior trials. If not, then jury misconduct may be an issue. I would recommend that you contact the defense attorney if it resulted in a conviction. If not, then contact the Judge and advise the court of the preamble.

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Answered on 9/10/10, 2:47 pm


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