Murff v. Pass Ex Rel. Pass

A venireperson who demonstrates “a general inability to follow the court’s instructions regarding the law” is disqualified from serving on a jury. Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743, 751 (Tex.2006); see Tex.R. Civ. P. 226a. In this health care liability case, following a confusing line of questioning about the burden of proof, a venireperson stated that he would hold the plaintiff to a clear and convincing standard of proof. 1 Additional venirepersons raised their hands indicating that they agreed. Believing that the panel members were confused, and after informing the venire of the…