# 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/9778906

## 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:** Dissent by Teague
- **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/9778906

## 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

TEAGUE, Judge,
dissenting.
Adhering to my views that I set out in the dissenting opinion that I filed on original submission, I respectfully dissent to the majority opinion’s holding that Toby Lynn Williams, appellant, is precluded from raising the Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), issue for the first time on appeal because he failed to complain in the trial court when the jury that convicted him and answered the special issues in the affirmative, which assured him to be sentenced by the trial judge to a premature death, was selected. Also see the dissenting opinion that I filed in Mathews v. State, 768 S.W.2d 731 (Tex.Cr.App.1989) (On appellant’s motion for rehearing). (delivered this date).
The majority opinion so holds notwithstanding the fact that at that time neither Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), nor its principle that a prosecuting attorney may not blatantly exercise his peremptory strikes on an individual because of his or her race was extant.
*543 Notwithstanding that appellant’s trial occurred prior to when Batson was decided, appellant was entitled to receive the benefits of Batson v. Kentucky because it was decided when his case was on appeal. See Griffith v. Kentucky, 479 U.S. 314 , 107 S.Ct. 708 , 93 L.Ed.2d 649 (1987).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9778906. Public record. Not legal advice.