Is The Texas Shuffle Subject to The Batson 3-Step?

Is The Texas Shuffle Subject to The Batson 3-Step? Looking from counsel table at the jury venire recently numbered and seated, you observe a typical cross section of county residents, some with dour faces, but an interesting assortment nonetheless. “May we approach the bench, your honor?” bellows your adversary. Having been so permitted, your adversary now declares: “Your honor, pursuant to Rule 223, of the Texas Rules of Civil Procedure, we demand a shuffle.” If the panel in its current configuration seems acceptable to you, what can you do to avoid this fruit basket turnover?   Reading the rule, it seems mandatory and worse yet, only one shuffle can be granted and your adversary just claimed it.  Can you successfully oppose it? The answer is maybe,… read more →