After a jury returned a verdict this week in a case I tried, the court the clerk accidentally read the wrong verdict to the court. There were hugs and high fives all around the defense table until the judge asked the clerk if she were sure she read the correct verdict. It was a strange moment. What if the judge were not paying attention? Does anyone ever check to see if the clerk read the right verdict, particularly when there are special issues? How often do other prosecutors poll the jury?

We had a jury foreman sign the wrong place on the verdict form and when the judge read "Not guilty" there were audible gasps from the jury. The judge inquired if this was the juries verdict - they said no - she retired them again and they came out with the correct verdict.

Defense lawyer tried to have the court enter the judgement as read - that was not brought up in the appeallate brief on the case. (Just ten pages of ineffective counsel)

The problem only occurs in Tyler. See White, 492 S.W.2d at 282-3.

I have had a jury forewoman sign the wrong verdict, but she corrected it before the jury returned with the verdict. Did cause some questions to be asked from the bench.

I've had the judge read the wrong verdict, and send the defendant home thinking he got probation. He showed up the next morning to get his conditions of probation only to find that he was on his way to TDC.

I had a juror answer that it was NOT his verdict when polled. Everyone in the courtroom gasped audibly. The rest of the jury turned around and stared at the poor guy. He quickly changed his answer. I think he was on autopilot.

I've had a jury foreman sign the wrong form and have to ask the bailiff for a new verdict form.

I would have loved to have seen the looks at the defense table when the correct form was read. Priceless. I don't suppose a clerk can create a cruel and unusual punishment issue on appeal?