I recently argued to Judge David Farr that the amount of reimbursement due the community estate is not a jury question because reimbursement is once again an equitable remedy and historically, juries were not used in courts of equity. Judge Farr went with the Pattern Jury Charge book but then the parties stipulated on the amount. It turns out my argument was wrong because the Texas Constitution contains two provisions which guarantee the right to trial by jury (at least in district courts).Taylor v. Taylor, 63 S.W.3d 93, 99 (Tex. App. - Waco 2001, no pet.) provides this explanation: Article I, section 15 is a part of our Bill of Rights. See TEX. CONST. art. I, § 15. It provides in pertinent part: The right of trial by jury shall remain inviolate. The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency. TEX. CONST. art. I, § 15. Article I, section 15 guarantees the right of trial by jury for those ... Read More >
Trial cannot proceed with just 11 jurors unless the juror is stricken because he or she is constitutionally disqualified
A trial court should declare a mistrial if a juror realizes during the trial that he knows some of the people involved in the case and thus might be impartial. It violates the constitutional right to a jury trial to proceed with 11 jurors absent agreement of the parties unless the juror is disqualified within the meaning of the Texas Constitution (physical or mental incapacity of the juror, not caring for a sick family member and not realizing he or she might be biased). In re M.G.N., 4th Court of Appeals, 04-12-000108-CV, 4/24/2013. ... Read More >