Buentello v. State

There is no question but that the meaning of Texas Rule of Criminal Evidence 606(b) is somewhat murky.1 But in my view this case is not the proper vehicle for clarification or explication.

Neither appellant nor the State has ever disputed that juror testimony regarding juror deliberations was properly admitted at the motion for new trial hearing. Appellant does not dispute the court of appeals’ analysis of the Rule 606(b) issue for the simple reason that the court of appeals held in his favor on this threshold question. Nor does the State attack the determination of the court of appeals on…