Johnson v. State
Court of Criminal Appeals of Texas
1Opinion of the CourtPrice, J.
in which HOLLAND, WOMACK, JOHNSON, and HOLCOMB, JJ., joined.
Harm for the erroneous denial of a challenge for cause is determined by the standard in Rule of Appellate Procedure 44.2(b).1 Before promulgation of Rule 44.2(b), harm was evident in the record when the appellant used a peremptory challenge to cure the erroneous denial, exhausted his peremptory challenges, was denied a request for an additional peremptory challenge, and identified an objectionable venire member who sat on the jury. Today we hold that Rule 44.2(b) does not change the way that harm is demonstrated for the erroneous…
Also in this document: Concurrence.
2Cases cited18 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- King v. StateCourt of Criminal Appeals of Texas · 1997
- O'NEAL v. McAninchSupreme Court of the United States · 1995
- Ross v. OklahomaSupreme Court of the United States · 1988
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3Cited by492 opinions
- Walters v. StateCourt of Criminal Appeals of Texas · 2007
- Simpson v. StateCourt of Criminal Appeals of Texas · 2003
- Nava, Andres MaldonadoCourt of Criminal Appeals of Texas · 2013
- Escamilla v. StateCourt of Criminal Appeals of Texas · 2004
- Menefee v. StateCourt of Criminal Appeals of Texas · 2009
487 more not listed; retrieve them via the Exa API.