NUMBER 13-14-00086-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI—EDINBURG
SMITA CHAKRAVARTHY, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 93rd District Court
of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
On March 9, 2015, appellant, Smita Chakravarthy, filed a motion requesting that
this Court order the Hidalgo County District Clerk’s Office to file a supplemental clerk’s
record containing the jury information cards, jury strike lists, and list of selected and
alternate jurors. Appellant asserted in her motion that the sealed jury information is
necessary to properly brief three issues on appeal related to the jury selection process.
Appellant further informed this Court that she initially attempted to file her motion with the
trial court, but the trial court “declined to rule” on her motion citing lack of jurisdiction to
do so. According to the pending motion’s certificate of consultation, the State “took no
position” on whether this Court should grant or deny appellant’s motion.
When a defendant files a post-trial motion seeking discovery of jurors’ personal
information, ‘[h]e is not entitled to such information unless he shows good cause.’”
Taylor v. State, No. 01-11-00210-CR, 2015 WL 730136, at *6 (Tex. App.—Houston [1st
Dist.] Feb. 19, 2015, no pet. h.) (op. on reh’g) (citing Valle v. State, 109 S.W.3d 500, 509
(Tex. Crim. App. 2003) (citing TEX. CODE CRIM. PROC. art. 35.29) (West, Westlaw through
2013 3d C.S.)); see also Cyr v. State, 308 S.W.3d 19, 29–30 (Tex. App.—San Antonio
2009, no pet.) (noting that a trial court shall permit post-trial disclosure of personal juror
information only upon a showing of good cause). “What constitutes good cause must be
based upon more than a mere possibility that jury misconduct might have occurred; it
must have a firm foundation.” Cyr, 308 S.W.3d at 30 (citing Esparza v. State, 31 S.W.3d
338, 340 (Tex. App.—San Antonio 2000, no pet.). “Good cause” is shown upon sworn
testimony or other sufficient supportive evidence in the record. Hooker v. State, 932
S.W.2d 712, 716 (Tex. App.—Beaumont 1996, no pet.).
Accordingly, we now ABATE this appeal and REMAND the cause to the trial court
to hold a hearing within fourteen days of this order and determine whether appellant has
shown good cause to be entitled to the requested personal juror information. See TEX.
CODE CRIM. PROC. art. 35.29.
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If the trial court determines that appellant has shown good cause to entitle
appellant access to the requested juror information, the Hidalgo County District Clerk shall
file such information in a sealed supplemental clerk’s record with the Clerk of this Court
on or before the expiration of ten days from the date of the trial court’s order. 1 The
appellant shall file any supplemental briefing on or before the expiration of ten days after
this Court receives the sealed supplemental clerk’s record. Furthermore, the State may
file any supplement briefing on its behalf on or before the expiration of ten days after this
Court receives appellant’s supplemental briefing.
If the trial court determines that appellant has not shown good cause to entitle
appellant access to the requested juror information, appellant shall file any supplemental
briefing on or before the expiration of ten days of the trial court’s order. Furthermore, the
State may file any supplemental briefing on its behalf on or before the expiration of ten
days after this Court receives appellant’s supplemental briefing.
Regardless of the trial court’s determination of whether appellant has shown good
cause to entitle appellant access to the requested juror information, the trial court shall
cause its order regarding this issue to be included in a supplemental clerk’s record, and
shall further cause a supplemental reporter’s record of the proceedings to be prepared.
The supplemental clerk’s record and supplemental reporter’s record shall be filed with the
Clerk of this Court on or before the expiration of ten days from the date of the trial court’s
order. Finally, this cause shall be automatically reinstated upon the filing, if any, of
1Attorneys for the appellant and the State shall contact the Clerk of this Court for instructions on
how to review this sealed supplemental clerk’s record.
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appellant’s supplemental briefing.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed this the
23rd day of March, 2015.
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