prospective juror challenge (Texas) · Go Syfert
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prospective juror challenge in Texas

11 Texas opinions name it 2 courts 1978–2017 0 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 (5)

CaseFollowedCited
Villarreal v. Stategreen
texcrimapp · 1978 · cited in 4 Texas opinions naming this issue, 1981–1990
2 sentences

1990Villarreal v. State, 576 S.W.2d 51, 63 (Tex.Cr.App.1978), cert. denied, 444 U.S. 885 , 100 S.Ct. 176 , 62 L.Ed.2d 114 (1979); TEX.CODE CRIM.PROC.ANN., article 35.-21; McCary v. State, 477 S.W.2d 624, 628 (Tex.Cr.App.1972).

1988Villarreal v. State, 576 S.W.2d 51, 63 (Tex. Crim.App.1978), cert. denied, 444 U.S. 885 , 100 S.Ct. 176 , 62 L.Ed.2d 114 (1979); TEX.

34
McCary v. Stategreen
texcrimapp · 1972 · cited in 2 Texas opinions naming this issue, 1978–1990
2 sentences

1990Villarreal v. State, 576 S.W.2d 51, 63 (Tex.Cr.App.1978), cert. denied, 444 U.S. 885 , 100 S.Ct. 176 , 62 L.Ed.2d 114 (1979); TEX.CODE CRIM.PROC.ANN., article 35.-21; McCary v. State, 477 S.W.2d 624, 628 (Tex.Cr.App.1972).

1978Art. 35.21, V.A.C.C.P.; McCary v. State, 477 S.W.2d 624 (Tex.Cr.App.1972).

12
Standefer v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017Standefer, 59 S.W.3d at 183 (proposed commitment question asking jurors if they would presume guilt based solely on refusal óf a breath test would not lead to a valid challenge for cause because a person’s refusal of a breath test is admissible evidence that permits jurors to presume guilt).

11
Johnson v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Johnson v. State , 68 S.W.3d 644, 649 (Tex. Crim.

11
Lewis v. Stategreen
texapp · 1989 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993In Lewis v. State, 779 S.W.2d 449, 455 (Tex.App.—Tyler 1989, no pet.), the prosecutor said he struck an African-American prospective juror who wore a mustache.

11

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 (5)

CaseCitedYears
Batson v. Kentucky green
scotus · 1986
2 sentences

2012Batson Challenge In his fourth issue, appellant argues the trial court erred in denying his challenge to the State’s peremptory strike of a prospective juror in violation of the Fourteenth Amendment Equal Protection Clause of the United States Constitution under Batson v. Kentucky, 476 U.S. 79 (1986).

1998The majority ignores the critical inquiry in Bat-son — that the minority prospective juror was within the strike zone, not that the State did not “think” the nonminority prospective juror would “be reached.” See Batson, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 . 4 Even if “reaching” a prospective juror were the test, it cannot be viewed as a positive attribute used to outweigh a negative attribute.

21998–2012
United States Gypsum Co. v. United States green
scotus · 1979
2 sentences

1990Villarreal v. State, 576 S.W.2d 51, 63 (Tex.Cr.App.1978), cert. denied, 444 U.S. 885 , 100 S.Ct. 176 , 62 L.Ed.2d 114 (1979); TEX.CODE CRIM.PROC.ANN., article 35.-21; McCary v. State, 477 S.W.2d 624, 628 (Tex.Cr.App.1972).

1988Villarreal v. State, 576 S.W.2d 51, 63 (Tex. Crim.App.1978), cert. denied, 444 U.S. 885 , 100 S.Ct. 176 , 62 L.Ed.2d 114 (1979); TEX.

21988–1990
LeDuc v. Florida green
scotus · 1979
2 sentences

1990Villarreal v. State, 576 S.W.2d 51, 63 (Tex.Cr.App.1978), cert. denied, 444 U.S. 885 , 100 S.Ct. 176 , 62 L.Ed.2d 114 (1979); TEX.CODE CRIM.PROC.ANN., article 35.-21; McCary v. State, 477 S.W.2d 624, 628 (Tex.Cr.App.1972).

1988Villarreal v. State, 576 S.W.2d 51, 63 (Tex. Crim.App.1978), cert. denied, 444 U.S. 885 , 100 S.Ct. 176 , 62 L.Ed.2d 114 (1979); TEX.

21988–1990
Crane v. State green
texcrimapp · 1990
2 sentences

1991Crane, 786 S.W.2d at 344 .

1991Crane, 786 S.W.2d at 344 .

11991–1991
Witherspoon v. Illinois green
scotus · 1968
2 sentences

1978Appellant contends that the trial court erred: (1) in refusing to instruct the jury that two witnesses were accomplice witnesses as a matter of law, (2) in finding a deaf witness was competent to testify, (3) in refusing to instruct the jury concerning evidence of threats to witnesses, (4) in failing to grant a mistrial after an officer testified that a confidential informer’s life had been threatened, (5) in admitting evidence unlawfully obtained after incorrectly holding it was obtained by consent, (6) in admitting hearsay evidence, (7) in allowing an expert witness to testify outside of the

1978Appellant contends that the trial court erred: (1) in refusing to instruct the jury that two witnesses were accomplice witnesses as a matter of law, (2) in finding a deaf witness was competent to testify, (3) in refusing to instruct the jury concerning evidence of threats to witnesses, (4) in failing to grant a mistrial after an officer testified that a confidential informer’s life had been threatened, (5) in admitting evidence unlawfully obtained after incorrectly holding it was obtained by consent, (6) in admitting hearsay evidence, (7) in allowing an expert witness to testify outside of the

11978–1978

Where else courts name it

TX 11 (1978–2017) NY 10 (1998–2026) IL 6 (1995–2012) MS 5 (1990–2001) CA 3 (1991–2025) MI 3 (2019–2021) OH 2 (2009–2015) GA 2 (1978–2002) NC 2 (2020–2020)

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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