Chambers v. State

I

I remain convinced that the oath required by V.T.C.A., Penal Code, Section 12.31(b), is neither the equivalent of nor an adequate substitute for the requirements of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968). See Part I of my dissenting opinion in Shippy v. State, 556 S.W.2d 246, 257-264 (Tex.Cr.App.1977). I would accordingly hold that the trial judge improperly excused prospective jurors McLarty and Nixon in violation of Witherspoon.1

Although McLarty first stated that she could never vote to inflict the death penalty, she later testified that she could…