Legal Opinion

Prosper v. State

Court of Appeals of Texas

Decided June 27, 1990No. B14-89-00527-CRPublishedCited by 15 opinions

1Opinion of the Court

OPINION

ROBERTSON, Justice.

At trial, the jury found appellant guilty of murder and assessed punishment at confinement for 99 years. On appeal, appellant contends the trial court erred: (1) in failing to dismiss the jury because the prosecutor peremptorily struck all black prospective jurors; (2) in admitting a tape recording made by the deceased’s daughter at the time of the murder; and (3) in refusing to declare a mistrial following certain comments made by the prosecutor. Finding no error in the trial court’s actions, we affirm.

A detailed recitation of the evidence is unnecessary to a…

2Cases cited3 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Henry v. StateCourt of Criminal Appeals of Texas · 1987
  3. Price v. StateCourt of Appeals of Texas · 1987

3Cited by15 opinions

  1. Cantu v. StateCourt of Criminal Appeals of Texas · 1992
  2. Parra v. State, Texas Court of Appeals, 6th District (Texarkana)1996
  3. Moore v. State, Texas Court of Appeals, 1st District (Houston)2008
  4. Hernandez v. State, Texas Court of Appeals, 10th District (Waco)1991
  5. Lott v. City of Fort WorthCourt of Appeals of Texas · 1992

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