Litigator of the Week: Non-Profit Gets a Post-Trial Surprise from Jury Forewoman

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A Houston solo who represents The Greater Houston Football Coaches Association, a non-profit, which won a favorable final judgment on May 7 after defending against a breach-of-contract suit and pursuing a counterclaim. The jury forewoman, a litigation partner in Houston's Porter Hedges, called him after her panel issued a favorable (but not high-dollar because the damages had not been high) verdict and asked if she could to make a $1,000 contribution to GHFCA.

Decision of the Day

Nieto v. State

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(Tex.Crim.App. 05/09/2012)

The court of appeals held that the trial court clearly erred in failing to find that the state's proffered race-neutral reasons for striking all of the black venire members at the appellant's trial were a pretext for racial discrimination. Batson leaves room for the state to exercise peremptory strikes based on a hunch or past experience, as long as racial discrimination is not the motive; this includes the belief, based only on last name, that a venireperson may be related to a former criminal defendant. The court of appeals judgment is reversed and remanded. Court of Criminal Appeals, No. PD-0230-11, 05-09-2012.

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