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I was told there is a Court of Criminal Appeals case decision saying that allowing the jury alternates to deliberate with the jurors constitutes reversible error. Anyone have this citation?
 
Posts: 4 | Location: Lamesa, TX | Registered: August 07, 2008Reply With QuoteReport This Post
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I don't know a case cite, but I know it is improper for any person not of the jury to be present during deliberations. And an alternate is not a juror until a sitting juror has been dismissed and the alternate becomes a juror.

Every court I've been in discharges the alternates prior to the beginning of deliberation, and of course they are not allowed to further participate in the case.
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
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Are you thinking of Trinidad v. State, 2008 WL 2916307? It's a San Antonio case, but it means what I think you think it means.
 
Posts: 104 | Location: Texas | Registered: May 12, 2008Reply With QuoteReport This Post
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Posts: 2425 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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