Brown v. State

OPINION

Opinion by

Justice MOSELEY.'

A jury convicted Tereka Reon Brown of murder, but was thereafter unable to unanimously agree on punishment; the trial court declared a mistrial as to punishment only. A second jury was empaneled for a new trial on punishment only. At some point in that jury’s deliberation, it sent a note to the trial court requesting certain evidence and asking, further, if they were supposed to have been sworn in as jurors to “uphold the law.” The court admitted to having forgotten to swear in the jurors; the court then called the jurors back into the courtroom and caused…