Batson and Hispanic jurors

While jury selection is a critical and at times outcome-determinative part of trial, appellate opinions on voir dire issues are scarce – trial judges have considerable discretion in such matters and harm is difficult to establish. All the more reason for trial lawyers to carefully review Murphy v. Mejia Arcos, a painstaking analysis of Batson challenges to peremptory strikes of Hispanic jurors. Carefully applying the precedent in the area, the Fifth Court found no abuse of discretion by the trial court in sustaining two such challenges in a personal-injury trial. The analysis is of obvious statewide significance for Texas practice, offering a practical summary of the current Batson procedural framework, and having important policy consequences for an infrequently-reviewed aspect of civil trial practice. No. 05-18-01342-CV (July 17, 2020).