Opinion

Grijalva v. State

  • 614 S.W.2d 420
  • 1980 Tex. Crim. App. LEXIS 1351
Court
Court of Criminal Appeals of Texas
Filed
Sep 10, 1980
Status
Published
Author
Teague
On the bench
Teague, McCormick, Odom, Roberts, Douglas
Cited by
45 cases
Authority
More cited than 8.1%

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

How later courts described this case

  • 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
  • re *665 jecting 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”

Written by the judges who cited it.

Distinguished

  • Distinguished by Richardson v. State, 1987 Tex. Crim. App. LEXIS 686 (1987)

    We find that Grijalva, supra, is distinguishable from this case since the trial judge excused the venireman sua sponte rather than as the result of a challenge for cause by the State, thus depriving the State of the orderly opportunity to challenge peremptorily.
    Court of Criminal Appeals of TexasOct 28, 1987Read it
  • Distinguished by Montoya v. State, 1987 Tex. Crim. App. LEXIS 681 (1987)

    On the facts, Grijalva, supra, is distinguishable from the instant case.
    Court of Criminal Appeals of TexasOct 28, 1987Read it

The opinion

CONCURRING OPINION TO OVERRULING STATE’S MOTION FOR REHEARING WITHOUT WRITTEN OPINION

TEAGUE, Judge.

I concur in the majority’s action for the reasons set forth in my Concurring Opinion to Overruling State’s Motion for Rehearing Without Written Opinion in Pierson v. State, 614 S.W.2d 102 (1981).

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.

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