Moore v. State

A jury convicted appellant, Ernest Murry Moore Jr., of the felony offense of capital murder. The trial court assessed appellant’s punishment at life imprisonment, which is the only possible sentence since the State did not seek the death penalty. See Tex. Pen. Code Ann. §§12.31 (Vernon 2003), 19.03 (Vernon Supp. 2007). In nine points of error, appellant contends that the trial court erred in (1) denying his Batson*fn1 challenges, (2) refusing to grant a mistrial after the State’s expert rendered medical attention to a juror during the trial, and (3) refusing to allow appellant to introduce certain “specific instances” evidence concerning appellant’s treatment of children pursuant to Rules of Evidence 404(a)(1)(A) and 405(b). See Tex. R. Evid. 404(a)(1), 405(b). We conclude the record shows that the prosecutor’s reasons for using a peremptory strike on an African-American woman were contrived to conceal racially discriminatory intent and that the trial court clearly erred by failing to grant appellant’s Batson challenge to the juror.We reverse and remand.

I. Factual Background