Court of Criminal Appeals of Texas

Lee Arthur Young, Appellant v. the State of Texas, Appellee

April 1, 1992826 S.W.2d 141

Summary

The Court of Criminal Appeals of Texas reversed the Fifth Court of Appeals and remanded for further review of the appellant's Batson claim, holding that the appellate court may consider comparative analysis of peremptory strikes even if not raised at trial and that footnote 6A of Tompkins is not binding precedent. Separate dissenting opinions argue that the majority misinterprets Batson and should affirm the lower court.