Franks v. State

I concur with the majority’s resolution of the first point of error, concerning jurors receiving information from an unauthorized source. I would overrule the point of error. However, I would not analyze it under the doctrine of invited error. The majority extends the doctrine of invited error too far by including actions by a defendant alone that do not involve an action by the court. In this case, the appellant filed a motion for mistrial based on the fact that the jury had been exposed to evidence from an outside source, *256namely himself. The judge did not grant the mistrial.

Invited error is…