law-Batson-challenge-appeal | race-conscious jury selection, strikes
Davis v. Fisk Elec. Co., 268 S.W.3d 508, 515 (Tex. 2008) (citing Goode v. Shoukfeh,
943 S.W.2d 441, 446 (Tex. 1997)) (in civil cases, Texas courts review Batson ruling for abuse of
discretion).
After examining the totality of the circumstances, we conclude that race explains Fisk’s
strikes of Daigle and Pickett better than any other reason, and the trial court abused its
discretion in failing to sustain Davis’s Batson challenge. [...] We reverse in part [...] the
court of appeals’ judgment and remand the case to the trial court for a new trial.
Davis vs. Fisk Electric Co., No. 06-0162 (Tex. Sep. 26, 2008)(Majority Opinion by Chief Jefferson)
(jury selection in wrongful termination of employment suit, race-based strikes of jury panel members, pretextual
non-racial reasons for peremptory strike; Batson challenge overruled in error)
DONALD DAVIS v. FISK ELECTRIC COMPANY, FISK TECHNOLOGIES & FISK MANAGEMENT, INC.;
from Harris County; 14th district (14-04-00790-CV, 187 SW3d 570, 01-12-06)
The Court reverses in part the court of appeals' judgment and remands the case to the trial court.
Chief Justice Wallace B. Jefferson delivered the opinion of the Court, joined by Justice Hecht, Justice O'Neill, Justice Wainwright,
Justice Medina, Justice Green, Justice Johnson, and Justice Willett.
Justice Brister delivered a concurring opinion, in which Justice Medina joined as to Part III.