© 2001 Lang Baker
Standefer v StateOctober 31, 2001No. 778-99 Concurring opinion by Judge Keasler Links to other opinions in this case: Majority opinion by Presiding Judge Keller Dissenting opinion by Judge Price Dissenting opinion by Judge Johnson IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 778-99 JACK KROHN STANDEFER, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS MIDLAND COUNTY Keasler, J., filed a concurring opinion. Womack, J. joined. O P I N I O N I agree with the Court’s decision to overrule Maddux v. State.1 But I would take this opportunity to overrule Nunfio v. State2 as well. In my mind, the question asked in Nunfio, whether the juror could be fair and impartial if the victim were a nun, is not a proper question. It does nothing more than seek to commit the venireperson, which is inappropriate. Further, thanks to Nunfio, we have a system in which a trial judge never knows which fact- specific questions are permissible and which are not. Apparently, some are “commitment” questions, while others are merely uncovering bias. The category in which a question falls depends on the exact words used. Both litigants and trial judges are left in utter confusion, never knowing whether the questions are proper or not. Then this Court uses its power to decide on a case-by-case basis which voir dire questions are permissible. I think that this Court could make better use of its time and that a bright-line rule is necessary. I would overrule Nunfio and Maddux and hold that no fact-specific questions of any kind may be asked during voir dire because they do nothing other than commit the venire. DATE DELIVERED: October 31, 2001 PUBLISH 1 862 S.W.2d 590 (Tex. Crim. App. 1993). 2 808 S.W.2d 482 (Tex. Crim. App. 1991). This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors. Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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