# 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/9673587

## 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:** Concurrence by Teague
- **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/9673587

## 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

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9673587. Public record. Not legal advice.