Colburn v. State

In Colburn v. State, 966 S.W.2d 511 (Tex. Crim. App. 1998) during deliberations in a capital murder case, the jury sent a note to the court stating: "Given a life sentence, is there a possibility of parole in this case?" The trial court replied by explaining, "The jury is prohibited from considering parole in any manner when considering whether a Defendant should be sentenced to life or death. You are instructed, therefore, to follow the law of this state and not consider parole in any manner." Id. The defendant moved for a mistrial on the ground that the jury was considering parole in its deliberations. Id. But the court of criminal appeals affirmed the trial court's decision to overrule the mistrial motion, reasoning in part, as follows: We generally presume the jury follows the trial court's instructions in the manner presented. The presumption is rebuttable, but appellant has pointed to no evidence in rebuttal. Appellant did not file a motion for new trial alleging juror misconduct or obtain a hearing to adduce facts not in the record. As such, the only evidence that the jury considered parole is the jury note. Even if the note constitutes evidence the jury discussed parole at a preliminary point, we presume they followed the court's instructions and thereafter did not consider it in reaching their verdict. Appellant says the jury's consideration of parole deprived him of a "fair trial." In light of the court's proper instruction, we presume the jury did not consider parole. Id. at 520.