State makes challenge (Texas) · Go Syfert
← Texas issues

State makes challenge in Texas

7 Texas opinions name it 3 courts 1983–2023 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 (2)

CaseFollowedCited
Hernandez v. Stategreen
texcrimapp · 1988 · cited in 3 Texas opinions naming this issue, 2015–2023
2 sentences

2023App. 1995) (citing Hernandez v. State, 757 S.W.2d 744, 753 (Tex. Crim.

2015App. 1995) (citing Hernandez v. State, 757 S.W.2d 744, 753 (Tex. Crim.

33
Castillo v. Stategreen
texcrimapp · 1995 · cited in 3 Texas opinions naming this issue, 2015–2023
2 sentences

2023When the State makes such a challenge for cause, it is the State’s burden to establish that the venireperson “is in fact incapable of, or at least substantially impaired from, following the law.” Castillo v. State, 913 S.W.2d 529, 534 (Tex. Crim.

2015When the State makes such a challenge for cause, it is the State’s burden to establish that the venireperson “is in fact incapable of, or at least substantially impaired from, following the law.” Castillo v. State, 913 S.W.2d 529, 533 (Tex. Crim.

33

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 (6)

CaseCitedYears
Strunk v. United States green
scotus · 1973
2 sentences

1999Strunk, 412 U.S. at 439 , 93 S.Ct. 2260 .

1999Strunk, 412 U.S. at 439 , 93 S.Ct. 2260 .

11999–1999
Perillo v. State green
texcrimapp · 1983
2 sentences

1989Perillo, 656 S.W.2d at 80-81 .

1989Perillo, 656 S.W.2d at 80-81 .

11989–1989
Witherspoon v. Illinois green
scotus · 1968
2 sentences

1987In determining whether such error was harmful the Court held that the following test be applied, Whether, at the time the State makes its challenge for cause, or at the time the trial judge grants or sustains the State’s challenge for cause, the prospective juror has been shown to be absolutely disqualified under Adams v. Texas, [ 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)] and Witherspoon v. Illinois, [ 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968)], ...?

1987In determining whether such error was harmful the Court held that the following test be applied, Whether, at the time the State makes its challenge for cause, or at the time the trial judge grants or sustains the State’s challenge for cause, the prospective juror has been shown to be absolutely disqualified under Adams v. Texas, [ 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)] and Witherspoon v. Illinois, [ 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968)], ...?

11987–1987
Adams v. Texas green
scotus · 1980
2 sentences

1987In determining whether such error was harmful the Court held that the following test be applied, Whether, at the time the State makes its challenge for cause, or at the time the trial judge grants or sustains the State’s challenge for cause, the prospective juror has been shown to be absolutely disqualified under Adams v. Texas, [ 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)] and Witherspoon v. Illinois, [ 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968)], ...?

1987In determining whether such error was harmful the Court held that the following test be applied, Whether, at the time the State makes its challenge for cause, or at the time the trial judge grants or sustains the State’s challenge for cause, the prospective juror has been shown to be absolutely disqualified under Adams v. Texas, [ 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)] and Witherspoon v. Illinois, [ 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968)], ...?

11987–1987
White v. State green
texcrimapp · 1981
1 sentence

1983White, supra; Vanderbilt, supra. Whether such error may rise to the level of reversible error depends upon the answer to the following question: *81 Whether, at the time the State makes its challenge for cause, or at the time the trial judge grants or sustains the State’s challenge for cause, the prospective juror has been shown to be absolutely disqualified under Adams v. Texas, supra, and Wither-spoon v. Illinois, supra, i.e., has the juror, through questioning by the prosecuting attorney or the trial court, made it absolutely and unmistakably clear that he would automatically vote against t

11983–1983
Vanderbilt v. State green
texcrimapp · 1981
1 sentence

1983White, supra; Vanderbilt, supra. Whether such error may rise to the level of reversible error depends upon the answer to the following question: *81 Whether, at the time the State makes its challenge for cause, or at the time the trial judge grants or sustains the State’s challenge for cause, the prospective juror has been shown to be absolutely disqualified under Adams v. Texas, supra, and Wither-spoon v. Illinois, supra, i.e., has the juror, through questioning by the prosecuting attorney or the trial court, made it absolutely and unmistakably clear that he would automatically vote against t

11983–1983

Where else courts name it

CT 11 (1965–2022) IL 8 (1970–2015) TX 7 (1983–2023) WA 3 (1998–2012) RI 2 (1965–1985) IN 2 (2015–2018) TN 2 (2013–2013) OR 2 (1981–1993) KS 2 (1994–1996) CA 2 (1992–2006) FL 2 (1997–2005) SD 2 (2002–2009) UT 2 (2022–2022) MD 2 (1987–2017)

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.

← Caselaw search · G Cite Topics · Brief Check