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GIBSON v. STATE

No. 1604-03.

144 S.W.3d 530 (2004)

Walter Charles GIBSON, Jr., Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 15, 2004.

Attorney(s) appearing for the Case

Phillip M. Vanzandt, Crystal Beach, for Appellant.

Rodney D. Conerly, Asst. District Atty., Beaumont, Matthew Paul, State's Atty., Austin, for State.

OPINION

HERVEY, J., delivered the opinion of the Court in which KELLER, PJ., MEYERS, PRICE, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

In this case, we decide that the Court of Appeals misapplied the "clearly erroneous" appellate standard of review in overturning the trial court's ruling that the prosecutor did not use a race-based peremptory challenge to strike veniremember 11. See generally Batson v. Kentucky, 476 U.S. 79<...

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