On September 26, 2008, the Texas Supreme Court injected new life into the use of a Batson challenge in civil cases, noting that the “landscape has evolved” since it last considered the issue in Goode v. Shoukfeh, 943 S.W.2d 441 (Tex. 1997).  The Court looked to Miller-El v. Dretke, a criminal case settled by the Supreme Court of the United States, for guidance, noting that the principles underlying the Batson challenge were fundamentally similar.  545 U.S. 231 (2005).  The Texas Supreme Court adopted a five-point totality of the circumstances test to be employed in the review of a Batson challenge and, of vital import, reiterated the procedural elements of a correct challenge.  Both are reviewed below.

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