I'm working on an Indecency with a Child by Exposure voir dire power point. The defendant has two prior felony convictions in sequence. The Defendant has elected jury punishment.

At previous conferences, I've swapped out presentations with folks. Do any of you have tips for slides on either Indecency voir dire or Habitual Offender?

(Trial is scheduled to begin Tuesday)

dapdr@co.potter.tx.us

How do you typically handle habitual offender issues in voir dire? Since the prior convictions cannot be offered until punishment, I would usually not say anything about them in voir dire, but simply describe the punishment range as no less than two (for a second degree felony) and no more than 99 years or life. Then I would make sure the jury understood that any prior convictions that might exist would be made known to them at the punishment phase.

I would hesitate to even suggest to the jury at voir dire that I planned on establishing that the defendant was an habitual offender.

Of course you cover the habitual offender punishment range at voir dire. You simply cover it hypthetically. This subject has been covered here before.

For example, see this link. or this link.

Look up the opinion in a case I tried: 2004 Tex. App. LEXIS 4503, Vincent Scott Brooks, Appellant v. The State of Texas, Appellee NO. 03-03-00411-CR, COURT OF APPEALS OF TEXAS, THIRD DISTRICT AUSTIN 2004 Tex. App. LEXIS 4503. The court discusses the right way to voir dire on your "hypothetical" habitual punishment range.

To get the Brooks opinion, click here.

I was looking more for tips on the integration of powerpoint to the process.

Philip, I just saw your post and I'm probably too late for your trial this week but I just emailed you 3 of my PP voir dires. One is a trial of a church music minister for agg sexual asslt of a child and indecency with a child. The second one involves a jury trial of an habitual offender for attempted capital murder and aggravated assault. The third involves the trial of an habitual offender for agg robbery and burglary of a habitation. This one was modified by one of my assistants and you will see that she handled the voir dire re habitual offender status a bit differently than me. I hope it helps and I welcome your critiques of them. FYI, any other prosecutor is welcome to these and any others that we have as well.

Actually trial was delayed. (Shocker...) So, your help is greatly appreciated. Thanks!

Would you mind sending them to me? Why recreate the wheel? Thanks mwarnerda@yahoo.com

Sorry for the delay. I had a contested sentencing which lasted longer than anticipated. I hope you can use them.

Mike, Congratulations on the child porn convictions and the 75 yesr sentence for the pervert.We don't need automatic life sentences in Texas do we? The only child porn case I had about a year ago left some horrible images in my head. How do you clear them?? Thanks for the help with the power point.

Roy Mathre was convicted of Indecency with a Child by Exposure, a habitual offender. The jury quickly chose a LIFE sentence.

Thank you for all your assistance.