Legal Opinion

Rushing v. State

Texas Court of Appeals, 1st District (Houston)

Decided November 20, 1997No. 01-96-00769-CRPublishedCited by 6 opinions

1Opinion of the Court

OPINION

COHEN, Justice.

A jury convicted appellant of aggravated robbery. The trial judge assessed punishment at 40 years in prison. We affirm.

Challenge for Cause

Appellant first complains of the granting of the State’s challenge for cause of veniremember Pinkie Pace. We follow the abuse of discretion standard of review. Chambers v. State, 866 S.W.2d 9, 22 (Tex.Crim.App.1993).

A veniremember should be struck for cause for bias or prejudice in favor of or against a defendant. Tex.Code CRiM. P. Ann. art. 35.16(a)(9) (Vernon 1989). Here, Pace testified she had already formed an opinion in the case;…

2Cases cited4 opinions

  1. Chambers v. StateCourt of Criminal Appeals of Texas · 1993
  2. Green v. StateCourt of Appeals of Texas · 1996
  3. State v. PettersonMissouri Court of Appeals · 1989
  4. Cantu v. StateCourt of Appeals of Texas · 1986

3Cited by6 opinions

  1. Moore v. State, Texas Court of Appeals, 1st District (Houston)1998
  2. Monique Renee Braxton v. State, Texas Court of Appeals, 1st District (Houston)2007
  3. Dillard Department Stores, Inc. v. Lyndon Silva, Texas Court of Appeals, 6th District (Texarkana)2003
  4. Jacob McNabb v. State, Texas Court of Appeals, 6th District (Texarkana)2011
  5. Juan Salvador Torres v. State, Texas Court of Appeals, 3rd District (Austin)2000

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