In re Lamkin

2 Citing cases

  1. Brandon v. State

    599 S.W.2d 567 (Tex. Crim. App. 1980)   Cited 75 times
    Holding no error where counsel failed to ask follow-up questions after potential juror stated that he was acquainted with the complainant

    On voir dire, when appellant's counsel elicited that McMurry met Mrs. Barrett at the garage sale at the Barretts' residence, he did not ask whether McMurry had also met Officer Barrett there, nor did he inquire about the extent of McMurry's acquaintanceship with Mrs. Barrett, even though Mrs. Barrett was listed as a prospective witness on the State's witness list filed two days earlier. Compare Lamkin v. State, 165 Tex.Crim. R., 301 S.W.2d 922 (1957), cert. denied 355 U.S. 59, 78 S.Ct. 137, 2 L.Ed.2d 107 (1957). Moreover, McMurry's quoted response to appellant's counsel's final question openly acknowledged that McMurry was unsure of what should be brought out and should have put appellant's counsel on notice that further examination might reveal something relevant.

  2. Swift v. State

    509 S.W.2d 586 (Tex. Crim. App. 1974)   Cited 28 times

    This Court has consistently held that the mere fact that no Negro was appointed on the jury commission is not sufficient to show discrimination. For racial discrimination in the selection of the commissioners to be established, it must be shown that such discrimination invaded into the work of the commissioners in the selection of the lists from which the grand jurors are chosen. Lamkin v. State, 165 Tex.Crim. R., 301 S.W.2d 922, cert. denied, 355 U.S. 59, 78 S.Ct. 137, 2 L.Ed.2d 107, rehearing denied, 355 U.S. 908, 78 S.Ct. 335, 2 L.Ed.2d 263; McMurrin v. State, 156 Tex.Crim. R., 239 S.W.2d 632, cert. denied, 342 U.S. 874, 72 S.Ct. 115, 96 L.Ed. 657; Morris v. State, 158 Tex.Crim. R., 251 S.W.2d 731, cert. denied, 345 U.S. 951, 73 S.Ct. 863, 97 L.Ed. 1374; Williams v. State, 167 Tex.Crim. 503, 321 S.W.2d 72, cert. denied, 359 U.S. 930, 79 S.Ct. 615, 3 L.Ed.2d 632; McNair v. State, 159 Tex.Crim. R., 265 S.W.2d 105; Addison v. State, 160 Tex.Crim. R., 271 S.W.2d 947; Oliver v. State, 155 Tex.Crim. R., 236 S.W.2d 143. The first ground of error is overruled.