# McIntire v. State

> Court of Criminal Appeals of Texas · October 30, 1985 · 698 S.W.2d 652

URL: https://www.frixlaw.com/law-library/cases/9682271

## Case

- **Full name:** Kenneth Leroy McINTIRE, Jr., Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 30, 1985
- **Citations:** 698 S.W.2d 652; 1985 Tex. Crim. App. LEXIS 1733
- **Precedential status:** Published
- **Opinion:** Concurrence by Teague
- **Judges:** Clinton, Teague, Onion, Dayis
- **Cited by:** 257 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9682271

## How later opinions describe it (automated extraction)

- explaining that when alleged juror misconduct is based on facts outside record, facts "must be supported by the affidavit of a juror or some other person who was in a position to know *25the facts, or must state some reason or excuse for failing to produce the affidavits" (int…
- holding that defendant put forth sufficient evidence to establish presumption of harm, where juror allegedly told unauthorized person that he was in certain judge’s courtroom and nodded in response to unauthorized person’s question about whether he was juror in defendant’s case
- noting exchange between the person and the juror “need not constitute a full blown discussion of the specifics of a given case” and holding presumption of prejudice invoked where juror told witness which court he was in and nodded his head in response to whether it was appella…
- recognizing that the policy of requiring affidavits in support of a claim of juror misconduct is to “discourage ‘fishing expeditions’ in an effort to impeach a jury verdict”
- holding that notice of appeal filed prior to filing of timely motion for new trial does not deprive trial court of jurisdiction to rule on timely filed motion for new trial

## Opinion text

TEAGUE, J.,
concurs in result reached in Part I of the majority opinion and joins the remainder of the opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9682271. Public record. Not legal advice.