Court of Criminal Appeals of Texas

Court of Appeals' reversal of defendant's conviction for burglary of a habitation with a deadly weapon and a 55-year sentence, on the ground that the trial court erred in denying defendant's Batson challenge to the State's exercise of peremptory strikes, is reversed and remanded as the Court of Appeals misapplied the standard for reviewing the trial court's ruling, as the court should have given deference to the trial court's evaluation of the prosecutor's credibility and should not have given dispositive weight to the lack-of-questioning factor.

Appellate Information

• Decided 11/17/2010
• Published 11/17/2010

Judges

• Womack

Court

• Court of Criminal Appeals of Texas

Counsel