McDaniel v. Yarbrough

in which HIGHTOWER, CORNYN, SPECTOR and OWEN, Justices, join.

The primary question this case presents is whether the trial court abused its discretion by dismissing a juror as “disabled from sitting” when she asserted she was unable to return to the courthouse because of inclement weather. The court of appeals affirmed the trial court judgment, holding there was no abuse of discretion in determining that the juror was disabled from sitting on the jury. 866 S.W.2d 665. We conclude that a weather-induced delay is not a “disability” and hold that the trial court abused its discretion in…