Remember how we used to have to try the entire case over if a jury was unable to reach a verdict on punishment? Well, we don't have to do that anymore because of a change in the law that allows a trial court to declare a hung jury on punishment and retry only on punishment.
In what may be the first case to report such a retrial, there was an interesting development: the judge forgot to swear in the jury. So, when the jury sends out a note asking if they should have been sworn in, what's a judge to do?
Post your suggestion and, then, read what the trial judge did by clicking here.
Just like the recent C & W song says. Maybe sung by Gretchen Wilson or Martina McBride or neither! Hah! But I'm sure someone can attribute it properly.
JAS
Posts: 586 | Location: Denton,TX | Registered: January 08, 2007
