Court of Criminal Appeals of Texas

Walter Charles Gibson, Jr., Appellant v. the State of Texas

September 15, 20042004 Tex. Crim. App. LEXIS 1472

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals, holding that the appellate court misapplied the "clearly erroneous" standard of review to the trial court's Batson ruling and that the trial court's determination that the prosecutor's peremptory challenge of veniremember 11 was based on a genuine race‑neutral reason was proper. The case is remanded for further proceedings.