STATE EX REL. SKEEN v. TUNNELL

No. 12-88-00313-CR.

768 S.W.2d 765 (1989)

The STATE of Texas, ex rel., Jack SKEEN, Jr., Criminal District Attorney, Smith County, Texas, Relator, v. Honorable Joe TUNNELL, District Judge, 241st Judicial District Court of Smith County, Texas, Respondent.

Court of Appeals of Texas, Tyler.

January 6, 1989.


Attorney(s) appearing for the Case

Jack Skeen, Jr., Dist. Atty., Tyler, for relator.

Don Carroll, Ireland, Carroll & Kelley, Tyler, Bob Whitehurst, Athens, for respondent.


ORIGINAL PROCEEDING

COLLEY, Justice.

This is an original mandamus proceeding. Relator, Jack Skeen, Jr., Smith County Criminal District Attorney, seeks the writ to compel Respondent, the Honorable Joe Tunnell, District Judge, to set aside his order of December 6, 1988, reinstating1 a prospective juror who was peremptorily struck by Relator, and to call a new array in the case.

The record reveals that Miller is a black...

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