Garza v. State

I respectfully dissent to the majority’s conclusion that voir dire begins when the lawyers read the jury questionnaires, and that a request for a jury shuffle after reading the questionnaires comes after voir dire has begun and therefore is untimely.

SUMMARY(1) Article 35.11 provides an absolute right to timely shuffle the jury panel.(2) This right inures to either the State or the defendant.(3) A demand to shuffle is timely if made before voir dire begins.(4) In a non-death penalty case, voir dire begins when the prosecutor is called on and begins to speak.(5) There is no authority for the…