Court of Criminal Appeals of Texas

Larry Yarborough, Appellant v. the State of Texas

June 11, 19971997 Tex. Crim. App. LEXIS 50

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals and remanded for further review, holding that a trial judge’s Batson finding based solely on a prosecutor’s uncorroborated statement about a venire member’s demeanor is not clearly erroneous and therefore must be upheld. The majority emphasized that race‑neutral explanations grounded only in subjective demeanor require independent, objectively verifiable evidence to defeat a prima facie case, and that appellate review of such findings is limited to a clear‑error standard. The decision was contested by a dissent and three concurring opinions.