Legal Opinion · Dissent

Batiste v. State

Court of Criminal Appeals of Texas

Decided September 14, 1994No. 1148-92Published

1DissentBaird, Judge

In this case two significant and complex Constitutional doctrines collide, namely, the right to effective assistance of counsel guaranteed by the Sixth Amendment and the right to a fairly selected jury under the Equal Protection Clause of the Fourteenth Amendment. The majority diminishes the effectiveness of both of these Constitutional doctrines with the mechanical application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), to violations of the Equal Protection Clause recognized in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).…

2Cases cited24 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Batson v. KentuckySupreme Court of the United States · 1986
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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