Scales v. State

Defendant was charged with aggravated robbery with a deadly weapon. On appeal, defendant argued that the trial court abused its discretion in removing a juror and that defendant was denied effective assistance of counsel because trial counsel failed to question the dismissed juror or move for a mistrial after the dismissal. The court of appeals reversed the judgment and remanded the case for a new trial. The state subsequently filed a petition for discretionary review. The court concluded that the court of appeals correctly held that the juror was not "disabled" as defined in Tex. Code of Crim. Proc. art. 33.011 and affirmed the judgment of the court of appeals. View "Scales v. State" on Justia Law