Legal Opinion

Wiese v. State

Court of Appeals of Texas

Decided July 24, 1991No. 2-90-062-CRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

FARRIS, Justice.

A jury found Wiese guilty of aggravated robbery with a deadly weapon and assessed his punishment at thirty-seven years imprisonment. On appeal Wiese contends the trial court abused its discretion in denying his motion for new trial based upon newly discovered evidence and erred in finding the State did not improperly exercise its peremptory challenges by striking black veniremen. We sustain his second point, reverse the judgment of the trial court, and remand the case for new trial.

Wiese, who is white, complains the State discriminated on the basis of race when it used…

2Cases cited5 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Powers v. OhioSupreme Court of the United States · 1991
  3. Edmonson v. Leesville Concrete Co.Supreme Court of the United States · 1991
  4. State v. OliverCourt of Criminal Appeals of Texas · 1991
  5. Oliver v. State, Texas Court of Appeals, 9th District (Beaumont)1990

3Cited by2 opinions

  1. Reed v. CockrellDistrict Court, N.D. Texas · 2003
  2. Watson v. StateCourt of Appeals of Texas · 1994

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