Court of Criminal Appeals of Texas

Jose Ricardo Castillo, Appellant v. the State of Texas, Appellee

November 29, 19951995 Tex. Crim. App. LEXIS 124

Summary

The Court held that Garrett does not overrule Caldwell and therefore Caldwell remains controlling on challenges for cause of veniremen who refuse to convict on the basis of a single eyewitness; it vacated the appellate judgment and remanded for application of the proper standard. The opinion also notes that the State failed to meet its burden to show that Blaydes' refusal was due to bias, and it includes a concurrence and two dissents that contest the majority's conclusions.