McClellan v. State

OPINION

JAN P. PATTERSON, Justice.

In this case, we are asked to decide whether a trial court may dismiss a venire-member before the jury is sworn and proceed to trial, over a defendant’s objection, with only eleven jurors. We hold that it may not do so and reverse and remand for a new trial.

FACTUAL BACKGROUND

In August 2002, Austin Police Officer Shillito stopped a vehicle for failing to observe a stop sign. When the driver, appellant Albert McClellan, failed to produce proper identification, he was arrested for multiple traffic violations, patted down, and handcuffed and secured in the…