The Third Court of Appeals has affirmed the legislature's decision in the new continuous sexual abuse statute to alter the manner in which a jury must unanimously agree on the crime. This is a very big win for the children of Texas, affirming that the jury need only agree that a predator has committed two or more acts of sexual abuse. The jury need not be unanimous on the same particular acts of sexual abuse. That means we can successfully avoid the problems associated with a defense demand for an election and a child's inability to provide details about the time, date and place of every acts of sexual abuse.
Do you have a case pending in which this will help? We have on set for a hearing this month. Congatulations to Bell County prosecutors!
P.S. Would someone please explain why the Third Court of Appeals does not think this issue is worthy of publication? That is absurd. Bell County, please file a motion to publish.
Remarkable! Even Dallas, which rarely publishes anything criminal, might have permitted this one to be added to Southwestern 3rd! I have spoken with Bell County.
[This message was edited by John A. Stride on 06-08-10 at .]
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010
We are filing a motion with the third court requesting that the opinion be published. A Good job by Leslie and Paul McWilliams who prosecuted the case.
We sent an amicus letter in support of publication of the opinion. We informed the Third Court of Appeals that we have a pending motion in one of our cases on the identical issue.
John S: Actually it appears the Dallas court would probably decline to publish as well, as it has apparently refused the State's motion to publish in Render.
And Dallas just published their decision on CSA as well, in Render. They originally denied the motion to publish, then issued a new opinion today and published.
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004
