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Member |
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? | ||
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Member |
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. | |||
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Member |
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. | |||
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Administrator Member |
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