Butler v. State
Judge Miller's concurring opinion addresses the statutory interpretation of juror excuses in Texas, specifically concerning economic reasons. The opinion highlights a conflict between Section 62.110 of the Texas Government Code, which generally prohibits economic excuses without party approval, and Article 35.03 of the Texas Code of Criminal Procedure, which lacks such a prohibition for criminal trials. Judge Miller argues that Article 35.03, as the more particularized code, should govern criminal proceedings regarding jury selection and excuses, emphasizing that the legislature's intent was not to extend the economic excuse prohibition to criminal trials. The opinion critiques prior caselaw that applied Section 62.110 in criminal settings, asserting that Article 35.03 alone controls the issue at bar.