(NOTE: This CLE was scheduled months ago, in order to timely apply for CLE credit from the State Bar. This will be a broad overview of the various topics listed below and is not a discussion of any particular matter currently in the news.)
Please join us for our September 2021 Bar meeting!
Speaker: Michelle Townsend
Topics: “Jury Selection and Charging Issues in Criminal Cases”
Jury Selection
– Jury Shuffle: Code of Criminal Procedure article 35.11;
– Challenges for Cause: Code of Criminal Procedure articles 35.16, 35.19
– Commitment questions: Standefer v. State, 59 S.W.3d 177 (Tex. Crim. App. 2001).
– Strikes: for cause and peremptory (including Batson challenges and responses)
Jury Instructions
– Determining the law applicable to the case & impermissible instructions: Code of Criminal Procedure article 36.14
– Mental States: Result of Conduct, Nature of Conduct, and Circumstances of conduct -type offenses.
– Unanimity
– Defensive issues (e.g., self defense)
– Lesser included offenses
– Limiting instructions: Tex. Rule Evid. 105
– When the Jury Decides legal issues, e.g., Code of Criminal Procedure articles 38.22, 38.23
– Deadly weapon
– Objecting to the charge