Uptain v. State

Johnny Mack Uptain and Lyndon Bud Johnson were convicted of kidnapping in the second degree. Uptain was sentenced to imprisonment for ten years and one day. Johnson was sentenced as an habitual offender to life imprisonment. Their convictions must be reversed for two reasons.

I

Both convictions must be reversed because of the trial court's failure to grant defense counsel's challenges for cause.

During voir dire of the jury venire, defense counsel asked:

"Would any of you be more inclined to believe a law enforcement officer who testified simply because he is a law enforcement officer? Would you…