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 reversed the Court of Appeals 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 admit the prosecutor’s questionnaire, and that appellant had established a prima facie case of racial discrimination. Justice McCormick dissented, arguing the majority improperly avoided the Batson issue and ignored the cross‑examination that occurred at the motion to quash hearing.