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Although the court has held that the term "probability" need not be defined, the term means "more than a mere possibility." It must be explained to the veniremember that the law requires him to see and accept the distinction between the terms as set forth in Hughes. Once explained the law, if the prospective jurors continue to insist upon a definition or understanding of the term that is inconsistent with Hughes, then they may be challengeable for cause.
July 07, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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