Texas Jury Instructions - Defendant's Failure to Testify
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WAIVER OF ARRAIGNMENT. An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver. Added by Acts 2001, 77th Leg., ch.
(a) In all criminal cases, other than misdemeanor cases of which the justice court or municipal court has jurisdiction, which are tried before a jury on a plea of not guilty, the judge shall, before argument begins, first submit to the jury the issue of guilt or innocence of the defendant of the offense or offenses ...
Article 36.09 mandates that the court order a severance upon a timely motion and upon introduction of evidence which establishes either (1) that there is a previous admissible conviction against one defendant or (2) that a joint trial would be prejudicial to any defendant.
A person who receives a summons for jury service and fails to answer the summons as directed by the summons, is subject to a contempt action that is punishable by a fine of not less than $100 nor more than $1,000. (Texas Gov't Code § 62.0141.
36.29. IF A JUROR DIES OR BECOMES DISABLED. (a) Not less than twelve jurors can render and return a verdict in a felony case.
A hung jury is when the jurors in a criminal or civil trial cannot reach an agreement as to the verdict. Most jurisdictions require a unanimous jury decision for verdicts. This means all jurors have to agree on guilt or innocence to render a trial complete.
If the defendant is found to be guilty then the next phase of the trial will be held. This phase of the trail is called the punishment phase. The defendant can elect to have his punishment assessed by the jury or by the Judge.
36.14 requires that in all jury trials, whether misdemeanor or felony, the court must prepare a written charge distinctly setting forward the law applicable to the case.