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10 Texas opinions name it 1 courts 1998–2015 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.
| Case | Followed | Cited |
|---|---|---|
Hernandez v. New Yorkgreen2 sentences2004Hernandez , 500 U.S. at 359 . 2004See Batson v. Kentucky , 476 U.S. 79 (1986); see also Hernandez v. New York , 500 U.S. 352 (1991) (defendant must challenge the peremptory strike on a venire member before trial judge and rebut prosecution's proffered reason). | 3 | 9 |
Batson v. Kentuckygreen2 sentences2004See Batson v. Kentucky, 476 U.S. 79 (1986); see also Hernandez v. New York, 500 U.S. 352 (1991) (defendant must challenge the peremptory strike on a venire member before trial judge and rebut prosecution’s proffered reason). 2004See Batson v. Kentucky , 476 U.S. 79 (1986); see also Hernandez v. New York , 500 U.S. 352 (1991) (defendant must challenge the peremptory strike on a venire member before trial judge and rebut prosecution's proffered reason). | 2 | 2 |
Powers v. Ohiogreen1 sentence2000Powers v. Ohio, 499 U.S. 400, 402 (1991). 4 true, the use of the peremptory challenge violated the Equal Protection Clause as a matter of law. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wolfe v. State
green
2 sentences2015The Court in Johnson cites Wolfe v. State 147 Tex. Crim. 62 , 178 S.W. 274 (1944) for the premise that in Texas the use of the peremptory challenge is to allow 45 the accused or state to remove a venire member without stating a reason and If one of the accused peremptory challenges could be taken away from him, why not five, why not ten, leaving none, and all jurors be acceptable save unfair and partial ones‖ citing Wolfe id at 72, 178, S.W. 2nd. 2015The Court in Johnson cites Wolfe v. State 147 Tex. Crim. 62 , 178 S.W. 274 (1944) for the premise that in Texas the use of the peremptory challenge is to allow 45 the accused or state to remove a venire member without stating a reason and If one of the accused peremptory challenges could be taken away from him, why not five, why not ten, leaving none, and all jurors be acceptable save unfair and partial ones‖ citing Wolfe id at 72, 178, S.W. 2nd. | 1 | 2015–2015 |
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.