The procedural bar applied by the Texas Court of Criminal Appeals and honored by the district court was not adequate to support the judgment and preclude federal court review of Rosales' constitutional claim. The procedural bar was not firmly established and regularly followed by the Texas Court of Criminal Appeals for cases like Rosales', which were on direct appeal when Batson was decided.
April 17, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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