Stark v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

We granted appellant’s petition for discretionary review in order to review the holding of the Austin Court of Appeals that Article 35.11, V.A.C.C.P. “contemplates only one shuffle of the jury panel, be it at the request of the State or at the request of one or more of the defendants,” and that there is nothing in the statute “which dictates the location where the shuffle of the panel members must be conducted.” 1 Appellant attacks the peculiar practice of conducting the final shuffle of the jury panel outside the courtroom at the…