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 reversed the trial and appellate courts, holding that the prosecutor's peremptory challenges were purposefully discriminatory and that the trial judge's findings were unsupported; it applied a deferential standard of review that views the evidence in the light most favorable to the trial court and remanded for a new trial. The opinion was contested by two dissenting judges who argued for a different standard of review and would have affirmed the conviction.