568
Per Curiam
tion. Batson v. Kentucky, 476 U. S., at 83. Yet we treated his allegation of a violation of the Fourteenth Amendment as sufficient to present the question. Id., at 84-85, n. 4. Because petitioner's case is here on direct review, he is entitled to the rule we announced in Batson. Compare Griffith v. Kentucky, 479 U. S. 314 (1987) (giving retroactive application to Batson for cases pending on direct review or not yet final when Batson was decided), with Teague v. Lane, 489 U. S. 288, 296 (1989) (denying similar application for cases on collateral review).
The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted, the judgment of the Court of Criminal Appeals of Texas is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
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