B.j. Franklin, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the Court of Appeals' decision that the trial judge's denial of a mistrial, after a juror disclosed a relationship with the victim, was a constitutional error subject to the constitutional harm standard under Rule 44.2(a). The majority held that the juror's withholding of material information deprived the defendant of an impartial jury and that the proper review is de novo constitutional analysis. Two dissenting opinions were filed: one urging application of the federal actual‑bias standard, and another contesting the characterization of the error and the harm analysis.