More Batson

Batson issues are doubly complex–they involve (1) appellate scrutiny of a discretionary decision made “live” under time constraints, and (2) inquiry into motive based on objective manifestations of the motive in juror questions, strike patterns, etc. It is no surprise, then, that reasonable minds can differ, as they did in United Rentals v. Evans. The panel found no Batson violation after a detailed review of the relevant record; three Justices dissented from the denial of en banc review, keying on counsel’s statement that “[w]e know from our focus groups that the African-American female is the most favorable juror for this case for whatever reason.” No. 05-18-00665-CV (Aug. 18, 2020).