Cornish v. State

In Cornish v. State, 848 S.W.2d 144, 145 (Tex. Crim. App. 1993), the Court of Criminal Appeals held that juror information cards, although not admitted into evidence, could be considered on appeal where "defense counsel specifically referred to the juror information cards for the purposes of a comparison analysis" at trial and both parties and the trial judge relied on the information in the Batson hearing. 848 S.W.2d at 145. In Cornish, the State's proffered explanation was that the venire member did not have children, and defense counsel responded by pointing out to the trial judge that other nonminority panel members also indicated on their juror information cards that they did not have children but were not struck. Id. at 144. Accordingly, the Court rationalized that consideration of the juror information cards was proper on appeal because the record demonstrated that the comparative information from the cards was considered by the trial court. Id. at 145.