Legal Opinion
Gibson v. State
Court of Criminal Appeals of Texas
Decided September 15, 2004No. 1604-03PublishedCited by 156 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HerveyHervey, J.
in which KELLER, PJ., MEYERS, PRICE, KEASLER, HOLCOMB and COCHRAN, JJ., joined.
In this case, we decide that the Court of Appeals misapplied the “clearly erroneous” appellate standard of review in overturning the trial court’s ruling that the prosecutor did not use a race-based peremptory challenge to strike veniremember 11. See generally Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).
The Court of Appeals decided that the prosecutor did use a race-based peremptory challenge to strike veniremember 11 because the prosecutor did not peremptorily strike veniremember 7…
3Cases cited8 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Guzman v. StateCourt of Criminal Appeals of Texas · 1997
- Purkett v. ElemSupreme Court of the United States · 1995
- Johnson v. StateCourt of Criminal Appeals of Texas · 2002
- Jasper v. StateCourt of Criminal Appeals of Texas · 2001
3 more not listed; retrieve them via the Exa API.
4Cited by156 opinions
- Young v. StateCourt of Criminal Appeals of Texas · 2009
- Ex Parte WheelerCourt of Criminal Appeals of Texas · 2006
- Davis v. StateCourt of Criminal Appeals of Texas · 2010
- Watkins v. StateCourt of Criminal Appeals of Texas · 2008
- Nieto v. StateCourt of Criminal Appeals of Texas · 2012
151 more not listed; retrieve them via the Exa API.