Court of Criminal Appeals of Texas

Larry Williams Whitsey, Appellant v. the State of Texas, Appellee

September 19, 1990796 S.W.2d 707

Summary

The Court held that the trial judge’s finding that the prosecutor’s peremptory challenges were race‑neutral was unsupported; appellant established purposeful discrimination under Batson, violating the Fourteenth Amendment, and the judgments of the trial court and Court of Appeals were reversed and remanded for a new trial. The Court also adopted the "clearly erroneous" standard of review for Batson issues.