Opinion

Chappell v. State

  • 850 S.W.2d 508
  • 1993 Tex. Crim. App. LEXIS 27
  • 1993 WL 19975
Court
Court of Criminal Appeals of Texas
Filed
Feb 3, 1993
Status
Published
Author
McCORMICK
On the bench
Baird, Iia, Iic, Maloney, McCORMICK, Meyers, Miller, Overstreet
Cited by
47 cases

recognizing trial court implicitly overruled defendant's objection to jury shuffle by granting State's motion to shuffle

How later courts described this case

  • recognizing trial court implicitly overruled defendant's objection to jury shuffle by granting State's motion to shuffle
  • ruling on defendant's objection to second jury shuffle occurred when court granted State's motion to shuffle venire
  • holding defendant’s objection to jury shuffle was overruled when trial court granted State’s motion to shuffle
  • finding automatic reversible error where statute allowing only one jury shuffle was violated

Written by the judges who cited it.

The opinion

McCORMICK, Presiding Judge,

dissenting.

The purpose of a shuffle is to assure the random selection and seating of prospective jurors. The refusal of a shuffle to which a defendant is entitled presumes harm since the random selection is not assured. Here, however, such harm cannot be presumed since the random selection we require has been satisfied. Since there is no possibility that the appellant was injured by the second shuffle, the error, if any, was harmless.

I respectfully dissent.

OVERSTREET, J., joins this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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