Opinion

Guzman v. State

  • 85 S.W.3d 242
  • 2002 Tex. Crim. App. LEXIS 107
  • 2002 WL 1021816
Court
Court of Criminal Appeals of Texas
Filed
May 22, 2002
Status
Published
Author
Johnson
On the bench
Cochran, Keller, Keasler, Hervey, Holcomb, Womack, Meyers, Price, Johnson
Cited by
162 cases

recognizing that A Batson @ claim may be brought to challenge discriminatory exclusion of jurors on the basis of gender or ethnicity.

How later courts described this case

  • recognizing that A Batson @ claim may be brought to challenge discriminatory exclusion of jurors on the basis of gender or ethnicity.
  • finding medical evidence, appellant’s assertion that he was the only person with the child at the time of injuries and appellant’s inconsistent statements about the origin of injuries sufficient to support conviction
  • stating the prosecutor's strategy of selecting jurors not prone to have a prejudice against either the police officers or the State was race-neutral
  • recognizing that Batson claim may be brought to challenge discriminatory exclusion of jurors on the basis of gender or ethnicity

Written by the judges who cited it.

The opinion

JOHNSON, J.,

filed a dissenting opinion.

I respectfully dissent. Batson sets out that the opponent of the strike must make a prima facie case of discrimination on the basis of a suspect class, the proponent must then justify the strike on a basis which is neutral as to a suspect class, and the opponent may then challenge the validity of the proponent’s explanation. Finally, the trial court decides whether an improper strike has been proved. If we will now condone strikes which are partially motivated by improper discrimination, we must also demand a heightened level of scrutiny by the trial court. To fail to do so will, I fear, encourage explanations which appear to pass muster if not looked at too closely, but would rightly be found to be improper if examined under an appropriately higher level of scrutiny.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.