Martinez v. State

My dissenting opinion in Johnson v. State, No. 30,162, 167 Texas Cr. Rep. 289, 319 S.W. 2d 720, is applicable to my conviction, here, that the trial court erred in refusing to grant this appellant’s request for a special venire.

To hold that in some counties the defendant in a capital felony case has the right to demand a special venire — while in other counties a defendant charged with the same character of offense may not demand a special venire — but the trial court may grant or refuse the request at his whim, idea, notion, or caprice, and with or without any reason assigned, is rank…