Donald Frank Guilder v. State Texas Book Reviews

Donald Frank Guilder v. State Texas by Fifth District, Dallas Court of Appeals of Texas Book Summary

Appellant filed his notice of appeal May 3, 1988. On original submission, this court abated appellants appeal to allow appellant to cross-examine the prosecutor regarding his use of peremptory challenges pursuant to Williams v. State, 767 S.W.2d 872 (Tex. App. -- Dallas 1989, pet. refd), and Batson v. Kentucky, 476 U.S. 79 (1986). The cause was reinstated April 4, 1990. Our opinion issued May 25, 1990. Simultaneous with the filing of his motion for rehearing on June 11, 1990, appellant filed his motion to supplement the record after submission. By his motion to supplement, appellant seeks to now place into the record the statement of facts of the voir dire proceedings that was prepared and filed as an exhibit during the Batson hearing in this case. The import of the requested supplementation is to cure appellants waived Batson error. In our opinion following abatement, this court held that a Batson complaint cannot be reviewed in the absence of a transcription of the complete voir dire examination. Guilder v. State, No. 05-88-00632-CR (Tex. App. -- Dallas, May 25, 1990, n.w.h.) (not yet reported). Hence, on motion for rehearing, appellant now urges this court to consider the Batson issue raised in his original and post-abatement briefs.

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