Legal Opinion

Gray v. State

Court of Criminal Appeals of Texas

Decided March 16, 2005No. PD-0697-04PublishedCited by 77 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KellerKeller, P.J.

When a trial court erroneously excuses a prospective juror for economic reasons in violation of Texas Government Code § 62.110(c), is the error “structural,” requiring reversal without a harm analysis? The answer is “no.” Consequently, we shall reverse the decision of the Court of Appeals.

I. BACKGROUND

After some preliminary remarks, the trial judge excused the bulk of the venire for lunch and asked those who wanted to “plead economic excuses” to remain. At this point, a prospective juror approached the bench and explained that he would not get paid by his employer for work missed due…

3Cases cited13 opinions

  1. Cain v. StateCourt of Criminal Appeals of Texas · 1997
  2. Simpson v. StateCourt of Criminal Appeals of Texas · 2003
  3. Aguirre-Mata v. StateCourt of Criminal Appeals of Texas · 2003
  4. Carranza v. StateCourt of Criminal Appeals of Texas · 1998
  5. Johnson v. StateCourt of Criminal Appeals of Texas · 2002

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

4Cited by77 opinions

  1. Schmutz v. StateCourt of Criminal Appeals of Texas · 2014
  2. Aldrich v. StateCourt of Appeals of Texas · 2009
  3. Davis v. State, Texas Court of Appeals, 14th District (Houston)2006
  4. Gray v. StateCourt of Criminal Appeals of Texas · 2007
  5. Lake v. StateCourt of Criminal Appeals of Texas · 2017

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

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