Prospective Juror Challenge for Cause In Texas - Article 35.16

Article 35.16 of the Code of Criminal Procedure enumerates the grounds for which a prospective juror may be challenged for cause. Tex. Code Crim. Proc. Ann. 35.16(c) (Vernon Supp. 2000). Subsection (c)(2) of the statute provides that such a challenge may be made if the juror has a bias or prejudice against any of the law applicable to the case upon which the defense is entitled to rely, including the A subsection (c)(2) challenge is not included in the list of absolute disqualifications for jury service contained in article 35.19 of the Code. See Tex. Code Crim. Proc. Ann. art. 35.19 (Vernon 1989). A trial court's refusal to sustain a challenge for cause is reviewed in light of all the prospective juror's answers. Anderson v. State, 633 S.W.2d 851, 854 (Tex.Crim.App. 1982); Nance v. State, 807 S.W.2d 855, 866 (Tex.App.--Corpus Christi 1991, pet. ref'd). In conducting our review, we must be mindful that the trial judge had the opportunity to observe the demeanor and tone of voice of a prospective juror in determining the precise meaning intended. Id. Additionally, a trial court's decision on a challenge for cause will not be disturbed absent an abuse of discretion. Burnham v. State, 821 S.W.2d 1, 2 (Tex.App.--Fort Worth 1991, no pet.).