Court of Criminal Appeals of Texas

Freddie Batiste, Appellant v. the State of Texas, Appellee

September 14, 19941994 Tex. Crim. App. LEXIS 90

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' judgment, holding that a Batson violation is subject to the prejudice prong of the Strickland test for ineffective assistance of counsel and is not exempt from Chapman harmless‑error analysis. The court declined to create a per se presumption of prejudice for counsel's failure to preserve Batson error.