Legal Opinion

State v. Garza

Texas Court of Appeals, 4th District (San Antonio)

Decided November 17, 2004No. 04-03-00488-CRPublishedCited by 5 opinions

1Opinion of the Court

OPINION

Opinion by:

SARAH B. DUNCAN, Justice.

The State appeals the trial court’s order granting Richard Lee Garza’s motion for a new trial because Garza’s counsel failed to challenge for cause or peremptorily strike Keith Adams, a juror who became the jury foreman. Because the court did not abuse its discretion, we affirm.

Factual and ProceduRal Background

Richard Lee Garza, a criminal defense attorney, was charged with three counts of aggravated sexual assault of his five-year-old niece. During voir dire, after explaining the nature of the charged offense, the trial judge inquired “whether…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  3. Thompson v. StateCourt of Criminal Appeals of Texas · 1999
  4. Carmouche v. StateCourt of Criminal Appeals of Texas · 2000
  5. Bone v. StateCourt of Criminal Appeals of Texas · 2002

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. Boyd, Texas Court of Appeals, 5th District (Dallas)2006
  2. Charles McKinley v. State, Texas Court of Appeals, 3rd District (Austin)2005
  3. Charles McKinley v. State, Texas Court of Appeals, 3rd District (Austin)2005
  4. Dietrich, Kyle CarpenterTexas Supreme Court · 2015
  5. Pedro Beltran v. State, Texas Court of Appeals, 2nd District (Fort Worth)2020

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