# Grijalva v. State

> Court of Criminal Appeals of Texas · September 10, 1980 · 614 S.W.2d 420

URL: https://www.frixlaw.com/law-library/cases/9673586

## Case

- **Full name:** David GRIJALVA, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 10, 1980
- **Citations:** 614 S.W.2d 420; 1980 Tex. Crim. App. LEXIS 1351
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Teague, McCormick, Odom, Roberts, Douglas
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9673586

## How later opinions describe it (automated extraction)

- holding, in death penalty case, that State was given unfair advantage in the jury selection process when the trial court allowed it to exercise peremptory strikes after entire panel was questioned
- rejecting argument as matter of state law because allowing retrospective exercise of peremptory challenges on appeal transforms "a peremptory strike against a prospective juror" into "a peremptory strike against a ground of error"
- rejecting the notion that an erroneously granted challenge for cause on the State’s motion is harmless if the State failed to exercise all of its peremptory challenges

## Opinion text

ROBERTS, Judge,
dissenting.
I dissent to the reversal of the judgment of guilt, for the reasons stated in my opinion in Evans v. State, 614 S.W.2d 414 (Tex.Cr.App. 1980).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9673586. Public record. Not legal advice.