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HELP NOW! extraneous offense charge language

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/1281099502

April 22, 2010, 15:40
LAS
HELP NOW! extraneous offense charge language
In trial now. Judge wants to include language in g/i charge. ssamples?
April 22, 2010, 16:15
Suzie Johnson
did you get one?
April 22, 2010, 16:16
Gretchen
I just tried to email you but it bounced back:

This is if other offenses were introduced to show his intent (you could change �intent� to �veracity� if you used them to impeach the defendant�s testimony, or �identity� if that was your issue)

�You are instructed that if there is any testimony before you in this case regarding the defendant�s having committed offenses other than the offense alleged against him in the indictment in this case, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any were committed, and even then you may only consider the same in determining the intent of the defendant, if any, in connection with the offense, if any, alleged against him in the indictment in this case, and for no other purpose.�
May 04, 2010, 10:01
LAS
Thanks. We found acceptable language. Didn't matter. Jury found him guilty of 11 counts (from agg sex asslt to indecency).
May 04, 2010, 10:09
Gretchen
Good work! Thanks for the followup.
May 04, 2010, 23:32
DJC
Good job. To make it easier, there is an additional CCP special extraneous offense language in sexual assault cases that expands what the jury can consider the extraneous offenses for -- including as evidence of the relationship between the parties. (Sorry, but I am home without a code!) It works into voir dire and closing argument very well.