opponent of a peremptory challenge (Texas) · Go Syfert
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opponent of a peremptory challenge in Texas

30 Texas opinions name it 2 courts 1997–2024 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Purkett v. Elemgreen
scotus · 1995 · cited in 15 Texas opinions naming this issue, 1997–2011
2 sentences

1998In Burkett v. Elem, 514 U.S. 765 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam), the United States Supreme Court employed a three-step process to determine whether race-based strikes were exercised: (1) the opponent of a peremptory challenge must make out a prima facie case of racial discrimination; (2) the burden then shifts to the proponent of the strike to come forward with a race-neutral explanation; and (3) if a race-neutral explanation is tendered, the trial court must then decide whether the opponent of the strike has proved purposeful racial discrimination.

1998In Burkett v. Elem, 514 U.S. 765 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995) (per curiam), the United States Supreme Court employed a three-step process to determine whether race-based strikes were exercised: (1) the opponent of a peremptory challenge must make out a prima facie case of racial discrimination; (2) the burden then shifts to the proponent of the strike to come forward with a race-neutral explanation; and (3) if a race-neutral explanation is tendered, the trial court must then decide whether the opponent of the strike has proved purposeful racial discrimination.

715
Williams v. Stategreen
texcrimapp · 1997 · cited in 4 Texas opinions naming this issue, 1997–2001
2 sentences

2001Purkett v. Elem, 514 U.S. 765, 115 S.Ct. 1769 , 131 L.Ed.2d 834, 839 (1995); Williams v. State, 937 S.W.2d 479, 485 (Tex.Crim.App.1996).

1999Purkett v. Elem, 514 U.S. 765 , 115 S.Ct. 1769, 1770 , 131 L.Ed.2d 834 (1995); Williams v. State, 937 S.W.2d 479, 485 (Tex.Crim.App.1996).

44
Yarborough v. Stategreen
texapp · 1998 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003Purkett v. Elem , 514 U.S. 765, 767 , 115 S.Ct. 1769, 1770-71 (1995); Yarborough v. State , 983 S.W.2d 352, 354 (Tex. App.—Fort Worth 1998, no pet.) (Yarborough I).

2003Purkett v. Elem , 514 U.S. 765, 767 , 115 S.Ct. 1769, 1770-71 (1995); Yarborough v. State , 983 S.W.2d 352, 354 (Tex. App.—Fort Worth 1998, no pet.) (Yarborough I).

22
Watkins v. Stategreen
texcrimapp · 2008 · cited in 9 Texas opinions naming this issue, 2010–2024
2 sentences

2024But this step may be rendered moot if, after a challenge is raised, “the trial court then proceeds 8 immediately to the second step by inquiring of the proponent [of the strike] whether he had a non-discriminatory purpose.” Watkins v. State, 245 S.W.3d 444, 447 (Tex. Crim.

2020Snyder, 552 U.S. at 476 , 128 S. Ct. at 1207 ; Watkins, 245 S.W.3d at 447 .

19

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Snyder v. Louisiana green
scotus · 2008
2 sentences

2020Snyder, 552 U.S. at 476 , 128 S. Ct. at 1207 ; Watkins, 245 S.W.3d at 447 .

2020Snyder, 552 U.S. at 476 , 128 S. Ct. at 1207 ; Watkins, 245 S.W.3d at 447 .

82010–2020
Batson v. Kentucky green
scotus · 1986
2 sentences

2010If a race-neutral explanation is tendered, the trial court must then decide (step three) whether the opponent of the strike has proved purposeful racial discrimination.5 2 476 U.S. 79 (1986). 3 Id., at 89 . 4 514 U.S. 765 (1995). 5 Id., at 767 ; see also Watkins v. State, 245 S.W .3d 444, 447 (Tex. Cr.

2010If a race-neutral explanation is tendered, the trial court must then decide (step three) whether the opponent of the strike has proved purposeful racial discrimination.5 2 476 U.S. 79 (1986). 3 Id., at 89 . 4 514 U.S. 765 (1995). 5 Id., at 767 ; see also Watkins v. State, 245 S.W .3d 444, 447 (Tex. Cr.

52001–2010
Guzman v. State green
texcrimapp · 2002
1 sentence

2008If a race-neutral explanation is tendered, the trial court must then decide (step three) whether the opponent of the strike has proved purposeful racial discrimination.7 At the second step of this process, the proponent of the strike need only tender an explanation that is race neutral on its face.8 The ultimate plausibility of that race-neutral explanation is to be considered as part of the third step of the analysis, in which the trial court determines whether the opponent of the strike (usually the defendant) has satisfied his burden of persuasion to establish by a preponderance of the evid

12008–2008
Ford v. State green
texcrimapp · 1999
1 sentence

2005Ford , 1 S.W.3d at 693 .

12005–2005

Statutes the citing opinions construe

TX § Tex. Penal Code § 1.07 (3) USC § 28u.s.c.2254 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 80 (1997–2026) TX 30 (1997–2024) CA 13 (2001–2020) MN 9 (2002–2019) AR 8 (1997–2005) OH 6 (1999–2024) UT 6 (1996–2006) FL 6 (1996–2018) NV 5 (1996–2016) VA 5 (1995–2000) NM 5 (1999–2025) AL 4 (1995–1996) SC 4 (2006–2013) LA 3 (1996–2011) NC 3 (2022–2022) MD 3 (1995–2019) MO 3 (2008–2019) CO 3 (2007–2019) MS 3 (2001–2002) MI 3 (2004–2025) AZ 3 (1998–2021) DC 2 (2001–2015) IA 2 (2020–2022) IN 2 (1995–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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