James Earnest Blackmon v. the State of Texas

Summary

The Texas Thirteenth Court of Appeals affirmed James Earnest Blackmon’s conviction for continuous sexual abuse of a young child and forty-year prison sentence. The court held that Blackmon could not demonstrate harm from the denial of his challenges for cause and request for additional peremptory strikes because he did not use peremptory strikes against the challenged jurors or identify an objectionable juror whom he would have removed.

Holdings

1. A defendant challenging the denial of a challenge for cause must show that he used a peremptory strike on the complained-of venire member and suffered a detriment from the loss of that strike, along with the required procedural steps demonstrating harm.
2. A defendant seeking relief based on the denial of additional peremptory strikes must identify on the record an objectionable juror whom he would have removed with the additional strike.

Questions Presented

1. Whether the trial court abused its discretion by denying Blackmon's challenges for cause to four prospective jurors.
2. Whether Blackmon demonstrated harm from the denial of his challenges for cause and request for additional peremptory strikes.
3. Whether Blackmon preserved a complaint concerning the denial of additional peremptory challenges when he did not identify an objectionable juror on the record.

Disposition

affirmed