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.)

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.

You may have a good jury anyway- you never know!

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.

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.")

Thanks, you all. I asked for a mistrial, didn't get it. Onward and upward!