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Article 38.37 Jury Charge

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May 15, 2015, 09:59
Michelle Putman
Article 38.37 Jury Charge
I am new to child cases, and am trying my first this coming Monday 5/18. I have evidence that I will be presenting under Article 38.37 Section 2 (not the same victim). Does anyone have a sample jury charge instruction for that? I am hoping someone has one with the it is for "any bearing the evidence has on relevant matters, including the character of the defendant and acts performed in conformity with the character of the defendant." Thanks for any help!
August 03, 2015, 11:03
LM
Did you ever get a jury charge sample on this? If so, would you share with me please? lmcleod@wilco.org

Thank you!
August 03, 2015, 11:36
Michelle Putman
Here is what I came up with. Hope it helps!

Evidence was admitted in this case that the Defendant has committed a separate offense or offenses of Indecency with a Child or Attempting Aggravated Sexual Assault or both. You are instructed that you cannot consider said evidence for any purpose whatsoever, unless you find and believe beyond a reasonable doubt that the defendant committed such other offenses, if any other offenses were committed, and even then you may only consider the same in assisting you determine whether such evidence has any bearing on relevant matters, including the character of the Defendant and acts performed in conformity with the character of the Defendant.