Jesus Corrdero Romero v. State, 396 S.W.3d 136

Romero was convicted of indecency with a child and aggravated sexual assault of a child.
Alleged abuse occurred in 2006 and 2007; D.L. is his stepdaughter and part of a blended family.
During deliberations, juror 31 fell ill and could not continue; alternate juror 39 replaced her.
Defense moved for mistrial; the court denied and later discharged juror 31 as disabled and seated the replacement.
Appellant challenged the disability ruling and sought unsealing juror information; the trial court denied these motions.
The appellate court affirmed, holding no abuse of discretion and no reversible error on the challenged issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Juror 31’s removal as disabled violated right to unanimity.	Romero argues removal disrupted unanimity rights.	State contends removal justified by article 36.29 due to physical illness.	No reversible error; replacement under 36.29 and 33.011 proper.
Unanimity under federal and Texas law after juror replacement.	Romero asserts federal and Texas unanimity rights were violated.	State asserts Texas law requires unanimity but replacement preserves it.	Texas constitution requires unanimity; replacement preserved it; no constitutional flaw.
Trial court’s discretion in finding juror 31 disabled.	Juror 31 was not truly disabled and could deliberate.	Court properly found physical illness and distress preventing deliberation.	Court did not abuse discretion; evidence supported disability finding.
Refusal to unseal juror information sheets under article 35.29.	Good cause showed to investigate possible jury misconduct.	No good cause shown; information should remain sealed.	No abuse; failure to disclose was proper.
Due process rights tied to unsealing juror records.	Disclosure could aid defense in challenging jury misconduct.	Deliberations secrecy protects jury process.	No due process violation; Rule 606(b) limits post-trial juror testimony.

Scales v. State, 380 S.W.3d 780 (Tex. Crim. App. 2012) (trial court's discretion re juror disability and replacement; standard abuse of discretion)
Lopez v. State, 316 S.W.3d 669 (Tex. App.—Eastland 2010) (temporary illnesses may justify removal without postponement)
Moore v. State, 82 S.W.3d 399 (Tex. Crim. App. 2002) (no abuse in removing juror with stomach ailment; no postponement required)
Edwards v. United States, 303 F.3d 606 (5th Cir. 2002) (hold-out or bias concerns not the basis for compulsory mistrial; focus on disability and record)
Ngo v. State, 175 S.W.3d 738 (Tex. Crim. App. 2005) (violation of article 33.011 not always constitutional error; context matters)
Cyr v. State, 308 S.W.3d 19 (Tex. Crim. App. 2009) (good cause for unsealing juror information requires firm foundation)
McQuarrie v. State, 380 S.W.3d 145 (Tex. Crim. App. 2012) (Rule 606(b) outside influence defined; limits on post-deliberation inquiries)
Tanner v. United States, 483 U.S. 107 (1987) (need to protect deliberations from post-verdict inquiry)
Golden Eagle Archery, Inc. v. Jackson, 24 S.W.3d 362 (Tex. 2000) (post-verdict juror inquiries balanced against deliberative integrity)