Legal Opinion · Dissent

Young v. State

Texas Court of Appeals, 5th District (Dallas)

Decided June 16, 1993No. 05-89-00571-CRPublished

1DissentOnion, Justice

Young v. State1 held that a defendant was not required to request the trial judge to make his findings upon a Batson2 motion based on comparisons of venirepersons in order to have the same evidence considered on a direct appeal raising the issue of the prosecutor’s peremptory challenges. Young, 826 S.W.2d at 145-46.

In order to reach this decision, the court abandoned the now famous footnote 6A in Tompkins v. State, 774 S.W.2d 195, 202 (Tex.Crim.App.1987), aff'd, 490 U.S. 754, 109 S.Ct. 2180, 104 L.Ed.2d 834 (1989), and held that the footnote was not to be read as holding that a “comparison…

2Cases cited35 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Hernandez v. New YorkSupreme Court of the United States · 1991
  4. Powers v. OhioSupreme Court of the United States · 1991
  5. Edmonson v. Leesville Concrete Co.Supreme Court of the United States · 1991

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