Franklin v. State (2000)

In Franklin v. State, 12 S.W.3d 473 (Tex. Crim. App. 2000), a juror revealed for the first time during trial that she knew the complainant. The trial court asked the juror if she could be fair and impartial, and she said yes. Id. at 475. Defense counsel moved for a mistrial and also requested to ask the juror some additional questions about her relationship with the complainant. Id. at 476. When the trial court refused to allow additional questioning, defense counsel objected and stated that he would have asked the juror about her relationship with the complainant, how long the relationship lasted, whether or not she could set aside that relationship in deciding the case, and whether she would give more or less credence to the complainant's testimony and truthfulness due to the relationship. Id. Defense counsel stated that the court was preventing him from developing any testimony regarding potential biases. Id. The judge overruled the objections and denied the motion for mistrial. Id. The court of appeals held that the trial court had erred by refusing to permit questioning but that the counsel had not preserved error. Id. at 477. The court of criminal appeals disagreed, explaining that counsel requested that the trial court allow him to question the juror and that counsel set out proposed questions and that "this ruling amounted to a direct order not to ask the questions. Therefore, appellant properly preserved the issue for review." Id.