Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury determined that James Eeds suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence. Eeds appeals the judgment and order of civil commitment as a sexually violent predator. In three issues, Eeds contends the trial court (1) erred in denying the motion for directed verdict; (2) abused its discretion in allowing an expert witness to express an opinion on Eeds’s truthfulness; and (3) abused its discretion in allowing improper jury argument by State’s counsel. We affirm the judgment of the trial court.

In his first issue, Eeds contends the State failed to prove that he had two predicate offenses. At trial the State produced two judgments of conviction for indecency with a child by contact.*fn1 See Tex. Pen. Code Ann. § 21.11(a)(1) (Vernon 2003). The State also offered deposition testimony in which Eeds admitted that he fondled the breasts of an eight-year-old girl in the toy department of a Wal-Mart on December 6, 1996. The date of that offense matches the date of the offense listed in the judgment in Cause No. 44,156. The State alleged Cause No. 44,156 as one of the predicate offenses. Eeds also testified that on December 8, 1996, he approached a ten-year-old girl in the backpack sales area of a Kmart and offered her money to feel her breasts. The date of this offense matches the date of the offense for the judgment of conviction for indecency with a child by contact in Cause No. 44,157, a conviction not alleged by the State as a predicate offense.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.

Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.

Learn More

Personal Injury Attorney

Monge & Associates is recognized as a Top Places to Work and One of the Most Influential Law Firms in America. We offer flexible remote ...

Apply Now ›


Casualty Defense/Subrogation - commercial lines. Experienced. Flexible with remote working. Great hands-on complex litigation opportunity, g...

Apply Now ›

Transactional Intellectual Property / Corporate Lawyer - CT or Remote

We are seeking a lawyer with extensive transactional intellectual property experience to join our corporate practice. Candidates should hav...

Apply Now ›



DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.

View Announcement ›



Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.

View Announcement ›



Marshall Dennehey Warner Coleman & Goggin mourns the loss of Robert J. Coleman, the last of its founding name partners.

View Announcement ›