Court of Criminal Appeals of Texas
Samuel Lovert Johnson, Appellant v. the State of Texas
October 7, 19981998 Tex. Crim. App. LEXIS 131
Summary
The Court held that prospective jurors who unequivocally state they cannot consider the minimum legal punishment for a defendant found guilty as a principal are biased under Article 35.16(c)(2) and therefore challengeable for cause; the trial court abused its discretion in denying those challenges. The judgment of the Court of Appeals was vacated and the case remanded for a harm analysis. Justice WOMACK dissented, arguing for a holistic approach, while several concurring opinions endorsed a classification approach.