# Malone v. State

> Court of Criminal Appeals of Texas · February 28, 1996 · 919 S.W.2d 410

URL: https://www.frixlaw.com/law-library/cases/9777496

## Case

- **Full name:** L.D. MALONE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 28, 1996
- **Citations:** 919 S.W.2d 410; 1996 Tex. Crim. App. LEXIS 26; 1996 WL 82823
- **Precedential status:** Published
- **Opinion:** Concurrence by Clinton
- **Judges:** Baird, Mansfield, Keller, Clinton, Maloney, McCormick, White
- **Cited by:** 48 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/9777496

## Opinion text

CLINTON, Judge,
concurring.
I agree with Judge Meyers that the court of appeals erred to conclude appellant did not present a prima facie case of Batson error in this cause. In my view, however, the trial court has yet to conduct a full-scale, proper Batson hearing on the question whether the prosecutor’s motives were in fact race neutral. I would therefore remand the cause to the trial court for an out of time Batson hearing to determine that issue.
MALONEY, J., concurs in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9777496. Public record. Not legal advice.