Legal Opinion

Branch v. State

Texas Court of Appeals, 8th District (El Paso)

Decided July 12, 1989No. 08-89-00107-CRPublishedCited by 26 opinions

1Opinion of the Court

OPINION

FULLER, Justice.

This is an appeal from a conviction for murder. The jury assessed punishment at fifty years’ imprisonment. We affirm.

Point of Error No. One alleges an impermissible use of peremptory challenges by the State in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The issue was properly preserved in the trial court by timely objection and hearing. The Appellant is a black male. There were she (perhaps seven) black panel members who were within range of potential service on the petit jury. All were subjected to peremptory challenge by the…

2Cases cited18 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. David W. McKay v. TexasSupreme Court of the United States · 1986
  3. Crocker v. StateCourt of Criminal Appeals of Texas · 1978
  4. McKay v. StateCourt of Criminal Appeals of Texas · 1985
  5. Nethery v. StateCourt of Criminal Appeals of Texas · 1985

13 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Felder v. StateCourt of Criminal Appeals of Texas · 1992
  2. Mosley v. State, Texas Court of Appeals, 6th District (Texarkana)2004
  3. C_ E_ J v. StateCourt of Appeals of Texas · 1990
  4. Woods v. StateCourt of Appeals of Texas · 1991
  5. Davis v. State, Texas Court of Appeals, 5th District (Dallas)1991

21 more not listed; retrieve them via the Exa API.

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