Loudres v. State

I wholeheartedly agree that this cause must be reversed in light of Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980). I write this concurring opinion in order to make two points.

First, I must emphatically disassociate myself from the majority opinion’s implicit endorsement of Mr. Justice Rehnquist’s dissent in Adams. As a factual matter, § 12.31(b) of our penal code routinely operates to deny the capital defendant his right to a fair and impartial jury under the Sixth and Fourteenth Amendments. § 12.31(b) does this by eliminating from the jury all persons except those who…