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Gibson v. State

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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