Cuellar v. State

I am taking the admittedly unorthodox step of concurring to my own opinion in order to address an issue raised by appellant which I consider worthy of our attention. Appellant alleged that the jury foreman lied on his juror information card, and, relying on the juror’s responses, defense counsel did not question that juror during voir dire regarding the substance of those responses. Appellant contends that, because the juror withheld material information, appellant was deprived of his right to select a fair and impartial jury. This contention is meritorious and, if properly preserved, may…