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While each incident presented may constitute the commission of a sexual abuse offense, the jury must agree on one distinct incident to render a unanimous verdict. Consideration of these incidents without an election jeopardizes the defendant's right to a unanimous jury verdict as guaranteed by the Texas Constitution, even though the extraneous incidents may be admissible for other purposes.
June 19, 2006 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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