· 4/30/2014
Colyer, Wilkie Schell Jr.
Citations
- 428 S.W.3d 117
- 2014 WL 1686939
- 2014 Tex. Crim. App. LEXIS 636
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the trial court is free to discredit post-trial testimony even when it is wholly uncontroverted
- holding that “an ‘outside influence’ is problematic only if it has the effect of improperly affecting a juror’s verdict in a particular manner—for or against a particular party”
- recognizing that, in 1983, Supreme Court of Texas adopted “Texas Rule of Civil Evidence 606(b), which, 15 except for two narrow exceptions, prohibits post-verdict juror testimony to impeach a verdict” (internal footnote omitted)
- explaining that trial court makes credibility determinations and is tasked with resolving conflicts in evidence
- explaining that the trial judge can disbelieve uncontroverted but patently biased evidence, as in the case of an alibi provided by the defendant’s mother
- holding that a telephone call from a juror’s physician that the juror’s daughter was sick did not qualify as an “outside influence” for the purposes of Rule 606(b) despite the fact that it did indeed originate from a source outside the jury room
Source: CourtListener parenthetical corpus (CC0).
Judges: Cochran
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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