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The court of appeals misapplied the "clearly erroneous" standard of appellate review when it substituted its judgment for the trial court's in deciding that the prosecutor's facially race-neutral explanation for striking veniremember 11 was a pretext. The term "pretext" is solely a question of fact; there is no issue of law.
September 27, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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