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Situation: Defendant's uncle recognizes someone on the jury - just says hi - friendly conversation. But that night juror gets a call from someone, a friend of the uncle, and makes implied threat "we are sure you will do right, we are watching you". Judge declares mistrial, but can find no offense to charge the caller with - I haven't been able to either. What is to prevent this from happening again if the caller cannot be charged? Any thoughts? Since there was no direct threat does not seem to fit 36.06
 
Posts: 419 | Location: Abilene, TX USA | Registered: December 16, 2002Reply With QuoteReport This Post
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See PC 36.04 Improper Influence and
PC 36.03 Coercion of Public Servant

A juror is a public servant. See PC 1.07(41)(B)
 
Posts: 39 | Registered: March 02, 2001Reply With QuoteReport This Post
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Thanks - I passed it along to the DA handling the case and the judge - improper influence might work.
 
Posts: 419 | Location: Abilene, TX USA | Registered: December 16, 2002Reply With QuoteReport This Post
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