Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A party selecting jurors for trial must be given latitude to intelligently use its peremptory challenges to seat a jury that, to the greatest extent possible, is free from bias. Here, because the trial court refused to allow two permissible lines of questioning, we reverse the court of appeals’ judgment upholding the trial court’s ruling and remand this case for a new trial.

This is an appeal from a civil commitment proceeding in which a jury found Seth Hill to be a sexually violent predator. See TEX. HEALTH & SAFETY CODE ch. 841 (providing for the civil commitment of certain violent sexual offenders). The State had the burden to prove that Hill (1) was a “repeat sexually violent offender” and (2) “suffer[ed] from a behavioral abnormality” that made him “likely to engage in a predatory act of sexual violence.” Id. § 841.003. As such, much of Hill’s trial focused on his sexual history, which formed the basis for the State’s expert witness’s conclusion that Hill suffered from a behavioral abnormality. During its pretrial deposition of Hill, the State explored Hill’s sexual activity with other inmates in an all-male facility. In the deposition, Hill admitted to these acts. The State’s expert testified at trial that “if somebody has heterosexual preferences and then they later begin practicing homosexual acts, it infers that there is an instability within their personality which again, is more evidence of why I diagnosed [Hill] with a personality disorder.”

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

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
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
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
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Columbia Law School seeks an experienced lawyer with a background in criminal defense and a strong interest in community lawyering and clini...

Apply Now ›

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...

Apply Now ›

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...

Apply Now ›
The American Lawyer

Professional Announcement

View Announcement ›
Daily Business Review

Full Page Announcement

View Announcement ›
New Jersey Law Journal

Professional Announcement

View Announcement ›

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Surveys & Rankings
National Law Journal