June 04, 2010, 11:53JHaugh
ACBI-FV - Dating Violence Jury Charge
Anybody ever do a jury charge including dating violence? McClungs doesn't have it at all. One of the posted TDCAA charges has it, but doesn't include dating violence in the definition of family violence and doesn't include definition of dating violence.
June 04, 2010, 13:30GPuryear
You actually don't include that definition in the jury charge. You would charge it just as a Class A ABI. The affirmative finding of family violence is a finding the court must make after the jury returns a Guilty verdict. Hope this helps....
June 04, 2010, 14:06JHaugh
I'm prosecuting a felony ACBI-FV in which victim & defendant were in a dating relationship and def was previously convicted of family violence assault. So to find him guilty of the felony, the jury must find they were in a dating relationship (making it family violence) and that he was convicted of the prior family violence. It has to be in the jury charge. McClungs has family violence but overlooked the dating violence part of FV.