# Williams v. State

> Court of Criminal Appeals of Texas · September 21, 1988 · 773 S.W.2d 525

URL: https://www.frixlaw.com/law-library/cases/9778905

## Case

- **Full name:** Toby Lynn WILLIAMS, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 21, 1988
- **Citations:** 773 S.W.2d 525; 1988 WL 62416
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Onion, Teague, Clinton, Miller, Campbell, Duncan
- **Cited by:** 69 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/9778905

## How later opinions describe it (automated extraction)

- holding that a juror is biased as a matter of law if he unequivocally expresses an inability to consider five years probation as possible punishment for the lesser-included State’s Brief Page 4 offense of murder in a capital-murder trial
- noting that appellate courts look beyond individual statements in isolation when reviewing determination of bias

## Opinion text

OPINION ON APPELLANT’S MOTION FOR REHEARING
PER CURIAM.
We granted rehearing in this cause to reexamine our conclusion on original submission that appellant waived Batson error by failing to object in the trial court. Bat-son v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). In his motion, appellant again requests this Court to allow him to raise Batson error for the first time on appeal.
For reasons given in Mathews v. State, 768 S.W.2d 731 (Tex.Cr.App.1989, decided this day), disposition of this point of error on original submission was correct. The ground for rehearing is overruled.
’ MILLER, J., dissents.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9778905. Public record. Not legal advice.