Court of Criminal Appeals of Texas

Carlos Salazar, Appellant v. the State of Texas, Appellee

June 13, 19901990 Tex. Crim. App. LEXIS 109

Summary

The Court of Criminal Appeals of Texas reversed the lower appellate court and remanded for a proper Batson hearing, holding that the trial judge erred by conducting the hearing in his library, denying cross‑examination, and refusing to produce the prosecutor's juror questionnaires, and that the appellant had established a prima facie case of purposeful discrimination. Justice McCORMICK dissented, arguing the majority ignored the cross‑examination already taken at the motion‑to‑quash hearing.