Court of Criminal Appeals of Texas

George Toby Casarez, Appellant v. the State of Texas, Appellee

December 13, 19951995 Tex. Crim. App. LEXIS 132

Summary

The Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits peremptory challenges based on religion unless the State shows a compelling interest, and because no such interest was shown the judgment of the Court of Appeals was reversed and the case remanded. Several dissenting and concurring opinions argued that religious classifications should not receive heightened scrutiny and that the majority’s holding was incorrect.