Legal Opinion
Moeller v. Blanc
Texas Court of Appeals, 5th District (Dallas)
Decided February 18, 2009No. 05-06-00063-CVPublishedCited by 14 opinions
1Opinion of the Court
OPINION
Opinion by
Justice FITZGERALD.
This is a medical-malpractice case. On appeal, David Moeller contends that the trial court erred by overruling his objection to the racially discriminatory use of a peremptory challenge during jury selection. We agree. We reverse and remand for a new trial.
I. BACKGROUND
Facts
Moeller presented at Medical City Dallas Hospital to undei’go an arteriogram and an angioplasty on his left leg. Dr. Michael Blanc performed the procedures. Complications necessitated a second surgery, which resulted in the amputation of Moeller’s left leg above the knee.
Procedural…
2Cases cited33 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Powers v. OhioSupreme Court of the United States · 1991
- Purkett v. ElemSupreme Court of the United States · 1995
- Miller-El v. DretkeSupreme Court of the United States · 2005
28 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Martin v. Clinical Pathology Laboratories, Inc., Texas Court of Appeals, 5th District (Dallas)2011
- State v. GilesSupreme Court of South Carolina · 2014
- Gatten, Cherilyn v. Garry Rosser, Windell & Tammy McCarley, Texas Court of Appeals, 5th District (Dallas)2013
- Bustos v. City of ClovisNew Mexico Court of Appeals · 2015
- In Re Seven-O Corp., Texas Court of Appeals, 10th District (Waco)2009
9 more not listed; retrieve them via the Exa API.