Legal Opinion

Gutierrez v. State

Court of Appeals of Texas

Decided July 31, 1997No. 04-95-00528-CRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

RICKHOFF, Justice.

Marcos Gutierrez was convicted of first-degree murder and sentenced to life in prison. In two points of error Gutierrez complains that his right to equal protection was violated by the Guadalupe County grand juror selection process, and that the trial court erred in not granting his motion to transfer venue. We decline to apply a more stringent mathematical standard than one endorsed by the Supreme Court decades ago and to find systematic exclusion of Spanish-surnamed Americans of Mexican descent from Guadalupe County’s grand juries. However, because we find the trial…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Castaneda v. PartidaSupreme Court of the United States · 1977
  2. Alexander v. LouisianaSupreme Court of the United States · 1972
  3. Hernandez v. TexasSupreme Court of the United States · 1954
  4. Whitus v. GeorgiaSupreme Court of the United States · 1966
  5. Carter v. Jury Comm'n of Greene Cty.Supreme Court of the United States · 1970

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3Cited by2 opinions

  1. Ex Parte MinottCourt of Criminal Appeals of Texas · 1998
  2. Horacio Fidencio Benavidez v. State, Texas Court of Appeals, 4th District (San Antonio)2014

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