Jackson v. Golden Eagle Archery, Inc.
Chief Justice Walker dissents from the majority's decision to declare Texas Rule of Civil Procedure 327(b) unconstitutional. He argues that Rule 327(b) is not in fatal conflict with the Texas Constitution when properly construed in conjunction with Rule 327(a). Walker contends that the trial court correctly distinguished between jury deliberations and juror misconduct during voir dire, with Rule 327(a) allowing evidence of the latter. The dissent criticizes prior judicial interpretations that overly expand the definition of "jury deliberations," thereby improperly restricting the admission of evidence concerning juror bias during voir dire, which hinders a fair trial. Furthermore, the dissent questions the majority's constitutional challenge, stating that Rule 327(b) was not implicated in the trial court's decision regarding juror Maxwell's voir dire misconduct.