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I used all three strikes for jurors and one was a juror who lives out of county. The clerk told me after we had seated the jury. What is the result for the state of using a strike on someone who was disqualified? Can I request a mistrial (I have a juror sitting there that I just prosecuted last summer for DWI because I had to strike the out of county guy for other reasons.)
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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I am thinking that once the jury is sworn in, you are out of luck. Something also tells me that if YOU request a mistrial, then you are barred from retrying the case. That is my gut reaction, but hopefully someone else will respond with definitive law.
 
Posts: 73 | Location: Richmond, TX | Registered: January 06, 2004Reply With QuoteReport This Post
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You may have a good jury anyway- you never know!
 
Posts: 131 | Location: Hondo, Texas | Registered: November 25, 2002Reply With QuoteReport This Post
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Why wasn't that person disqualified as a juror prior to your voir dire?

And Sara is right - depending on whether that person fought his charge or pled, you might have a very good juror. Sometimes people with DWI priors who accept responsibility for it get tickedat those who don't.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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There isn't even any good basis for a mistrial.

Mayo v. State, 4 S.W.3d 9, 12 (Tex. Crim. App. 1999) ("In � 62.102, the legislature prescribed juror qualifications. It did not declare that a defendant cannot waive the right to have only qualified jurors by knowingly accepting a disqualified juror or by failing to inquire into the venireperson's qualifications. Moreover, � 62.102 does not purport to dictate that an appellate court must reverse a conviction rendered by a disqualified juror even if error was not preserved or was harmless.")
 
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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Thanks, you all. I asked for a mistrial, didn't get it. Onward and upward!
 
Posts: 526 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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