Can Jurors Testify About Improper Matters During Deliberation ?
In Weaver v. Westchester Fire Ins. Co., 739 S.W.2d 23, 24 (Tex. 1987), a worker's compensation claimant obtained a juror's affidavit claiming that the jury had discussed the failure of certain witnesses to appear and testify and the probability that the claimant lacked hospitalization insurance. See id.
The Court concluded that the affidavit was not evidence of an outside influence. See id.
Most Texas courts considering the question have held that the rules prevent a juror from testifying that the jury discussed improper matters during deliberation.
Soliz v. Saenz, 779 S.W.2d 929, 933 (Tex. App.--Corpus Christi 1989, writ denied);
King v. Bauer, 767 S.W.2d 197, 198 (Tex. App.--Corpus Christi 1989, writ denied);
Baley v. W/W Interests, Inc., 754 S.W.2d 313, 316 (Tex. App.--Houston [14th Dist.] 1988, writ denied);
Robinson Elec. Supply Co. v. Cadillac Cable Corp., 706 S.W.2d 130, 132 (Tex. App.--Houston [14th Dist.] 1986, writ ref'd n.r.e.);
Clancy v. Zale Corp., 705 S.W.2d 820, 828-29 (Tex. App.--Dallas 1986, writ ref'd n.r.e.).