Court of Criminal Appeals of Texas
Orlando Vargas, Appellant v. the State of Texas, Appellee
June 24, 19921992 Tex. Crim. App. LEXIS 166
Summary
The Texas Court of Criminal Appeals reversed the Court of Appeals and remanded for reconsideration of appellant Vargas's Batson claim, holding that Batson claims are reviewed under a clear error standard and that appellate courts may not consider comparative evidence, such as juror information cards, that was not part of the trial record. The opinion also clarifies that objective factors are not determinative in Batson analysis. Justice Baird, dissenting in part, would allow the juror cards as evidence, while Justice Benavides, concurring, maintains the majority's approach.