Morales, David ( 2008 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
PD-0462-07
DAVID MORALES, Appellant
v.
THE STATE OF TEXAS
ON DISCRETIONARY REVIEW OF
CASE 08-05-00201-CR OF THE EIGHTH COURT OF APPEALS
EL PASO COUNTY
W OMACK, J., filed a concurring opinion.
I do not agree that the case involves the Sixth-Amendment doctrine of implied bias
(see supra, at 10–15). I think the juror was subject to a challenge for cause because she
was, in the language of Code of Criminal Procedure article 35.16(c)(1), “related in the
third degree of consanguinity … to any prosecutor in the case.” She was related in the
zero degree of consanguinity to a prosecutor in the case — she was a prosecutor in the
case, as was every other prosecutor in the District Attorney’s office.
Morales (concurrence) - 2
I concur in the judgment of the Court to remand the cause to the Court of Appeals,
but I would have that court decide whether it was ineffective assistance for the appellant’s
attorney to fail to challenge the prosecutor.
En banc
Delivered May 14, 2008
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