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

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' judgment and remanded for further review of appellant Young's Batson claim, holding that the trial judge was not required to be prompted to make a comparative analysis of peremptory strikes for the evidence to be considered on direct appeal. The majority found that the footnote in Tompkins is not binding and that the appellate court may consider the record without the issue being raised at trial. Two dissenting opinions argue that the Tompkins footnote is a binding holding and that the majority’s approach improperly limits defendants' ability to prove purposeful discrimination.