The judge said he's prepared to give a full day off, which takes us to Thursday for jury instructions.

What this ruling really means is that the jury instructions never asked the right question.

That's what the jury instruction calls for in this kind of case.

After reading the jury instructions, the judge dismissed 4 jurors, leaving the necessary 12.

"Your vision of her will never disappear," he said in his jury instruction.

But the Texas cases, focusing on jury instructions, presented a different set of issues.

"But the need for a cautionary jury instruction is not critical in the majority of cases," he said.

It was claimed that the nine jurors did not have a chance to read the jury instructions.

"We weren't looking for a new jury instruction, but I think it's entirely justified."

He laid the jury instructions and exhibits on a small table in a corner.