In the Matter of the Marriage of Kathy Lynn Bishop and Albert Joe Bishop--Appeal from 170th District Court of McLennan County

State: Texas

Court: Texas Northern District Court

Docket No: 10-06-00348-CV

Case Date: 11/29/2006

Plaintiff: Willie Lee Maxwell

Defendant: The State of Texas--Appeal from 106th District Court of Dawson County

Preview:Willie Lee Maxwell v. The State of Texas--Appeal from 106th District Court of Dawson County
11th Court of Appeals Eastland, Texas Opinion Willie Lee Maxwell Appellant Vs. No. 11-03-00226-CR -- Appeal from Dawson County State of Texas Appellee ON MOTION FOR REHEARING In his motion for rehearing, Willie Lee Maxwell argues that this court failed to address the underlying merits of his Batson[1] claim. Appellant has not properly presented the underlying merits of his Batson claim to this court for review. Appellant=s sole point of error was a claim of ineffective assistance of counsel. See TEX.R.APP.P. 38.1(h). In this case, the underlying merits of appellant=s Batson claim are not subsidiary questions of his sole issue of counsel=s effectiveness and are not properly before this court. See TEX.R.APP.P. 38.1(e). The motion for rehearing is denied. JIM R. WRIGHT JUSTICE August 18, 2005 Do not publish. See TEX.R.APP.P. 47.2(b). Panel consists of: Wright, J., and McCall, J.

[1]Batson v. Kentucky, 476 U.S. 79 (1986).

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