Legal Opinion · Dissent

McQuarrie v. State

Court of Criminal Appeals of Texas

Decided October 10, 2012No. PD-0803-11Published

1Dissent

KELLER, P.J.,

filed a dissenting opinion in which COCHRAN, J., joined.

The Court decides that a juror’s internet research constituted an “outside influence” for the purpose of determining whether jurors could testify about the matter in a proceeding to challenge the jury’s verdict. I disagree, because the text and background of the rule indicate that the phrase “outside influence” carries a narrower meaning than given by the Court today. I would hold that the internet research in this case was not an outside influence because the information did not involve a communication from a person outside…

2Cases cited27 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. Tanner v. United StatesSupreme Court of the United States · 1987
  3. Eugene Williams Gall, Jr. v. Phil Parker, WardenCourt of Appeals for the Sixth Circuit · 2000
  4. Golden Eagle Archery, Inc. v. JacksonTexas Supreme Court · 2000
  5. United States of America Ex Rel. Craig S. Owen v. Hon. Daniel J. McMann Warden of Auburn State Prison, Auburn, New YorkCourt of Appeals for the Second Circuit · 1970

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