Ex parte Wheeler (Texas CCA 2007)
Ex parte Wheeler (Tex. Crim. App. 2007): Strengthening Batson Protections in Texas
Texas courts must carefully evaluate claims of discriminatory jury strikes.
Background
Wheeler alleged that prosecutors struck potential jurors based on race. The trial court accepted the State’s race-neutral justifications without rigorous analysis. Wheeler pursued habeas relief, arguing that Texas courts must apply Batson more faithfully.
Questions Presented
- How should Texas courts evaluate the credibility of race-neutral jury strike reasons?
Majority Opinion — Judge Tom Price
Holding: Trial courts must meaningfully examine whether race-neutral explanations are pretextual. Mere acceptance without scrutiny violates equal protection.
The opinion clarified that patterns of strikes, disparate questioning, and inconsistencies matter. Texas judges must conduct a true discriminatory-intent analysis rather than rubber-stamping prosecutor claims.
In Montgomery County jury selections, Wheeler gives defense attorneys stronger grounds to expose biased strike strategies and protect their client’s right to a diverse, impartial jury.