McQuarrie v. State

OPINION

COCHRAN, J.,

filed a dissenting opinion in which

KELLER, P.J., and PRICE and WOMACK, JJ., joined.

I respectfully dissent. The statements in the juror affidavits offered in this case may constitute “extraneous prejudicial information” under Federal Rule 606(b), but the Texas Supreme Court deliberately did not adopt that exception to the general prohibition against jurors impeaching their own verdict in Texas Rule of Evidence 606(b). We do not have the authority to read that exception into the rule by ourselves.

Historically, once an English trial was over, the advocates commenced to “try…