OLD AND BUSTED: 12 Angry Men.

The New Hotness? ‘It defies logic:’ Dallas County’s first fentanyl dealing conviction tossed. Why? No proof of 12 jurors at trial.

The Dallas-based Fifth Court of Appeals has tossed Dallas County’s first conviction for fentanyl drug dealing because there’s no proof in the trial record that there were actually 12 jurors.

In April, a jury convicted Richard Leal of possession with intent to deliver fentanyl and sentenced him to 30 years in prison.

“It defies logic that neither the trial judge, nor the bailiff, nor the court reporter, nor either party noticed throughout the entire trial that the jury box was missing a twelfth juror,” Justice Mike Lee wrote. “…Logic dictates there must have been twelve jurors; otherwise, someone would have said something about the empty seat in the jury box. But the record reflects the seating of eleven jurors, nothing more. And on appeal, the record matters.”

Evergreen:

It's this, over and over again https://t.co/OjlAeX2zR5 pic.twitter.com/12UbMiGAQk

— The American Tribune (@TAmTrib) November 21, 2025

UPDATE (FROM GLENN): Former student John Steakley, now a bigshot criminal lawyer in Atlanta, writes:

Wait. Who says the defense didn’t notice?

It isn’t a defense attorney’s job to help the State convict our clients. In many cases, if we point out errors then the State is allowed to fix the error. So why would we point them out?

In Georgia, for example, if we move for a directed verdict based on lack of venue, even after the State has rested, the court will allow the State to reopen evidence and fix the problem. But a lack of venue is a fatal flaw that can’t be waived by silence. So a smart defense attorney remains silent at trial and keeps the issue for appeal.

“But wait,” you say, “wouldn’t it be more efficient to just hold the State responsible at the trial level and dismiss a flawed case after the State has rested?”

Sure, but this is Georgia. We hate judicial efficiency. Maybe Texas does too.

Maybe so.