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 a juror's religion unless the State demonstrates a compelling interest, and therefore reversed the Court of Appeals and remanded for further proceedings. Several dissenting judges argued that the majority misapplied strict scrutiny and that religious classifications should not receive heightened scrutiny.