Jury Duty= Harris County

[JALLEN]

It always astonished me to realize how hard it is to pick 12 people who are attentive, relatively free of fixed prejudices, willing to listen, with a modicum of common sense, from a crowd of maybe several hundred prospects. It's a tricky business!

I tried to avoid jury trials. It is almost impossible to keep a real estate dispute interesting for more than an afternoon. The longest one I was involved in was estimated for 10 days, and dragged on for ten weeks. The antics of the other side were unavailing. The verdict was rendered in our favor in about as long as it took to drink a complimentary soft drink. I don't know who I felt sorrier for, the jurors who had to endure this fiasco, or the clients who had to foot the bill.

I always wanted to be in a jury, and was called last summer here. Alas, there is no demand for old, white, male, retired lawyers on juries.

[WildBill]

Obviously, we all know she was wrong in her statements on the use of force. I don't think some of you realize what she was actually doing though. I believe she knows exactly what the law is and has probably researched more case law on it than most of us combined. She should have done that just to prepare for the class.

But, voir dire questions are not usually examined as closely by the judges as they should be. Both sides know this and play a game they are also aware of. Things said in voir dire are not considered part of the trial, but they certainly influence the potential jury members. Everyone on that jury panel who does not know better now thinks the use of deadly force is not justified. This may be argued in trial, and the instructions will almost certainly include the actual law, but the first impression has been made.

I was sitting through several hours during a voir dire for a robbery case.
Both the ADA and public defender were very young, probably two years out of law school.
I remember one question the public defender asked one potential juror that I thought was totally bizarre.
He asked the juror if he would hold it against his client that he couldn't afford to hire his own lawyer and had to use a public defender.
Maybe his goal was to inform the jury of his incompetence before they figured it out on their own.

Another thing happened later on when the ADA made a statement [I can't remember what he said].
The judge looked at the public defender and asked, "Aren't you going to object?"
The public defender stood up and stated, "I object your honor!".
The judge asked him, "On what grounds?"
The public defender shrugged his shoulders and said "I don't know. You told me to object."
The judge just rolled her eyes.

[WildBill]

Many people use the phrase "in fear of my life", but this is not written in Texas law.
If you can provide the section in the penal code that states that, I will change my mind.

I think they call it paraphrasing Or perhaps one my describe it as interpretation
In any case
(a) A person is justified in using deadly force against another:
(2)(A) to protect the actor against the other's use or attempted use of unlawful deadly force.

If I am using deadly force in the context above, would I not be doing so because I am in fear of my life?

So is "in fear of my live" a verbatim cite from the law? not that i can find.
Is it clearly what the law is stating? I believe so. , and so does every person i know and associate with that might be called to sit a jury.

All that said your point is spot on,, the words are NOT in the law.

I hope he doesn't mind, but I am going to borrow/steal an "In Fear of My Life" story that Charles Cotton tells in his Deadly Force seminars.
I don't know how true it is, but it's a very funny story that he uses to explain the law about self defense.
Charles has a sister-in-law who is a terrible driver.
She speeds, turns without signaling, cuts people off and has near misses every time she gets behind the wheel.
Every time Charles gets in the car with her he is "in fear of his life", but that doesn't give him the right to shoot her.

[TomsTXCHL]

It always astonished me to realize how hard it is to pick 12 people who are attentive, relatively free of fixed prejudices, willing to listen, with a modicum of common sense, from a crowd of maybe several hundred prospects. It's a tricky business!

I tried to avoid jury trials. It is almost impossible to keep a real estate dispute interesting for more than an afternoon. The longest one I was involved in was estimated for 10 days, and dragged on for ten weeks. The antics of the other side were unavailing. The verdict was rendered in our favor in about as long as it took to drink a complimentary soft drink. I don't know who I felt sorrier for, the jurors who had to endure this fiasco, or the clients who had to foot the bill.

I always wanted to be in a jury, and was called last summer here. Alas, there is no demand for old, white, male, retired lawyers on juries.

Loved your post.

We must have a small county here--it seems I've gotten called-up every other year for 10 years. The (recent) last time I finally got to witness the "voir dire" (lawyers! let's over-complicate everything!) and it was funny as heck before I got dismissed.

Many years ago I was jury foreperson in a DUI case and it was a very interesting experience for sure. I tell everyone who is called-up to NOT try to get out of it, but rather to participate and learn. The only thing worse than the American system of justice, is every OTHER country's system of justice!

[nightmare69]

I was called to Federal jury duty once. I thought it was going to be interesting case, nope. It was over a patent that was projected to last 3 weeks. Thank God I was dismissed.

[blackdog8200]

I've been told a case can be won or lost during jury selection. The lawyers are there to win the case. They start that process during jury selection. It's not about getting to the truth or justice, it's about winning the case and hoping justice is served in the end.

Steve nailed what the ADA was doing. She was working the jury before the final jury was selected.

This highlights what one could face in the event of a "righteous" use of deadly force case. If it gets to trial, "truth" will not get in the way of "justice"

We as LTC holders owe it to ourselves to understand the law and be prepared to be portrayed as the bad actor by the press, the da or by our assailants lawyer.

http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm

Be safe out there. Retainers start at $10000 for felony cases and trials 50000-100000 staggering....