In Davis v. Fisk Elec. Co., 268 S.W.3d 508 (Tex. 2008), Fisk Electric Company struck a potential juror, based in part on nonverbal conduct and demeanor. Davis, 268 S.W.3d. at 516.
Counsel stated that this potential juror nonverbally "reacted that corporations should be punished with the use of punitive damages." Id.
Although Fisk stated that this juror was "the most clear" on this, the nonverbal conduct was not otherwise borne out by the record, and the juror was not questioned about it. Id. at 518.
The Supreme Court of Texas noted that "Fisk's failure to question the venireman about his purported reaction also suggests that his reaction had little to do with Fisk's strike." Id. at 519.
Concluding that the record did not support any of Fisk's other reasons for striking this venire member, Fisk's racially neutral reasons were held to be unacceptable. Id. at 521.