Scales, Courtney Jay
2012 Tex. Crim. App. LEXIS 1330
| Tex. Crim. App. | 2012Background
- Appellant Courtney Jay Scales charged with aggravated robbery with a deadly weapon under Tex. Penal Code § 29.03(2).
- During jury deliberations, the foreman sought removal of a dissenting juror, Regina Collins.
- Trial court dismissed Collins and seated an alternate after questioning the foreman, not Collins.
- Appellant argued abuse of discretion and ineffective assistance of counsel; conviction and 20-year punishment followed.
- Court of Appeals reversed; State sought rehearing; this Court granted review on two issues and substituted its opinion, denying rehearing.
- Court holds Collins was not “disabled” under Article 33.011; reverses below under Rule 44.2(b); harm to substantial rights found reversible and judgment affirmed in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse discretion in dismissing Collins based on the foreman’s testimony? | Scales argues dismissal lacked proper basis; trial court should have questioned Collins. | Scales (defendant) contends foreman’s account showed Collins unable to deliberate; dismissal was proper. | Trial court erred; removal was improper; Collins not shown disabled. |
| Whether Article 33.011 error constitutes constitutional harm or statutory error and whether Rule 44.2 applies | Court of Appeals relied on constitutional harm; argues proper standard. | State urges statutory harm analysis; error not constitutional. | Harm analyzed under Rule 44.2(b); error reversible; substantial rights violated. |
Key Cases Cited
- King v. State, 953 S.W.2d 266 (Tex. Crim. App. 1997) (substantial-rights standard for harm (constitutional impact))
- Kotteakos v. United States, 328 U.S. 750 (1946) (neutral-review framework for assessing prejudice in trial errors)
- United States v. Edwards, 303 F.3d 606 (5th Cir. 2002) (authority on review of juror-dismissal credibility and related standards)
- Valdez v. State, 952 S.W.2d 622 (Tex. App.—Houston [14th Dist.] 1997) (review of trial-court credibility determinations in juror dismissal)
- Lewis v. State, 911 S.W.2d 1 (Tex. Crim. App. 1995) (art. 33.011 and juror-disqualification standards)