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394 S.W.3d 264
Tex. App.
2012
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Background

  • Appellant James Blackman convicted of possession with intent to deliver cocaine; punishment 30 years imprisonment.
  • Appellant challenged the verdict as legally and factually insufficient; Batson challenge to a peremptory strike raised.
  • This Court previously held the evidence legally insufficient but was reversed by the Texas Court of Criminal Appeals, which remanded for consideration of remaining issues.
  • During voir dire, venire member Fortune, an African American, was struck by the State using a peremptory challenge, prompting a Batson hearing.
  • The trial court denied the Batson challenge; this Court reverses and remands for proceedings consistent with this opinion; the dissent would affirm.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the State’s strike of Fortune violated Batson Blackman asserts pretextual, race-based strike Fortune’s demeanor and prior jury service provide race-neutral grounds Yes, Batson violation; pretext shown and reversal remand
Whether the Batson record supports the trial court’s credibility ruling Record shows pretext and discrimination Trial court weighed demeanor credible ground Trial court erred; pretext established; remand for Batson analysis

Key Cases Cited

  • Batson v. Kentucky, 476 U.S. 79 (U.S. Supreme Court 1986) (peremptory strikes based on race violate equal protection)
  • Snyder v. Louisiana, 552 U.S. 472 (U.S. Supreme Court 2008) (deference to trial court on credibility in Batson third step)
  • Miller-El v. Dretke, 545 U.S. 231 (U.S. Supreme Court 2005) (pretext inquiry; credibility of prosecutor's race-neutral reasons)
  • Watkins v. State, 245 S.W.3d 444 (Tex.Crim.App. 2008) (an appellate focus on whether race-neutral reasons are genuine; deference to trial court)
  • Gibson v. State, 144 S.W.3d 530 (Tex.Crim.App. 2004) (avoid substituting appellate judgment for trial court on Batson race-neutral findings)
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Case Details

Case Name: James Blackman v. State
Court Name: Court of Appeals of Texas
Date Published: Oct 11, 2012
Citations: 394 S.W.3d 264; 2012 Tex. App. LEXIS 8544; 2012 WL 4841599; 01-08-00138-CR
Docket Number: 01-08-00138-CR
Court Abbreviation: Tex. App.
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