Black defendant in Texas

2002Id.

2002Id.

2025Saxton, 804 S.W.2d at 914 .

2025Id.

2025Id. at 473 .

2022Lopez, 631 S.W.3d at 114 (describing length of delay as “the interval between accusation and trial” (quoting Doggett, 505 U.S. at 651–52, 112 S. Ct. at 2690 )); Fuller v. State, 624 S.W.3d 855 , 863 (Tex. App.—Fort Worth 2021, pet. ref’d) (op. on reh’g) (“Our calculation begins at the time [the defendant] was arrested and ends at the time of trial.”). 9 sides agree that Black was first “accused” of DWI on the date of her arrest—December 14, 2019.

2022Lopez, 631 S.W.3d at 114 (describing length of delay as “the interval between accusation and trial” (quoting Doggett, 505 U.S. at 651–52, 112 S. Ct. at 2690 )); Fuller v. State, 624 S.W.3d 855 , 863 (Tex. App.—Fort Worth 2021, pet. ref’d) (op. on reh’g) (“Our calculation begins at the time [the defendant] was arrested and ends at the time of trial.”). 9 sides agree that Black was first “accused” of DWI on the date of her arrest—December 14, 2019.

2001Batson v. Kentucky, 476 U.S. 79, 89 , 106 S.Ct. 1712, 1719 , 90 L.Ed.2d 69 (1986) (holding that prosecutor may not use peremptory strike against prospective juror solely on account of race, or on the assumption that Black jurors as a group will be unable to impartially consider the State's case against a Black defendant). .

2001Batson v. Kentucky, 476 U.S. 79, 89 , 106 S.Ct. 1712, 1719 , 90 L.Ed.2d 69 (1986) (holding that prosecutor may not use peremptory strike against prospective juror solely on account of race, or on the assumption that Black jurors as a group will be unable to impartially consider the State's case against a Black defendant). .

1995To resolve Black’s claim we relied upon Amador-Gonzalez v. United States, 391 F.2d 308 (5th Cir.1968), where the Fifth Circuit held an arrest pretextual.

1995To resolve Black's claim we relied upon Amador-Gonzalez v. United States, 391 F.2d 308 (5th Cir.1968), where the Fifth Circuit held an arrest pretextual.

1991In Black v. State, 816 S.W.2d 350 (Tex.Cr.App.1991) (Campbell J., concurring), the concurrence, joined by five other members of the Court, held that Black’s claim that the sentencing jury was unable to give effect to mitigating evidence within the scope of the special issues of Tex.Crim.

1991We ultimately concluded that the decision in Pen-ry “constituted a substantial change in the law ... and there being abundant Texas precedent demonstrating that the holding amounts to a right not previously recognized, [Black] has not waived his right to assert a Penry violation by failing to object at trial.” Black, 816 S.W.2d at 374 .

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant’s cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discredit ing Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State’s repeated allusions to the defendant as a “hippie;” Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outside t

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant’s cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discredit ing Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State’s repeated allusions to the defendant as a “hippie;” Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outside t

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant’s cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discredit ing Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State’s repeated allusions to the defendant as a “hippie;” Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outside t

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant’s cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discredit ing Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State’s repeated allusions to the defendant as a “hippie;” Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outside t

1986We have reviewed all of appellant's cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discrediting *730 Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State's repeated allusions to the defendant as a "hippie;" Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outsi

1986We have reviewed all of appellant’s cited cases and they are not in point: Allison v. State, 157 Tex.Cr.R. 200 , 248 S.W.2d 147 (1952) and Wade v. State, 151 Tex.Cr.R. 447 , 208 S.W.2d 101 (1948) involved Black defendants and jury arguments discredit ing Black witnesses; Stein v. State, 492 S.W.2d 548 (Tex.Crim.App.1973) involved gross violation of a motion in limine in the State’s repeated allusions to the defendant as a “hippie;” Renn v. State, 495 S.W.2d 922 (Tex.Crim.App.1973) was reversed for repeated references (at least twenty-six objections to these were sustained) which were outside t

1974However, the Supreme Court of the United States has held that “A Negro defendant is not entitled to a jury containing members of his race, . ” Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965).

1974However, the Supreme Court of the United States has held that “A Negro defendant is not entitled to a jury containing members of his race, . ” Swain v. Alabama, 380 U.S. 202 , 85 S.Ct. 824 , 13 L.Ed.2d 759 (1965).