Jurisdiction

[HisFriend]

What is the name of your state? Texas.

In a criminal trial, the defense asked for a hearing on the issue of venue, stating that the county trying the case did not have jurisdiction to do so. The first request, after the state rested their case, was denied by the judge. The second request, after the defense rested by before final arguments, was granted.

After listening to witnesses from both sides, the judge refused to make a ruling on the matter and said this, "I will make venue an element of the offense and leave it up to the jury to decide." In the jury charge, the judge told them they must find the county has jurisdiction to try the case by preponderance of evidence, before they could go to the guilt/innocence phase. The jury found the defendent guilty before deciding if the county had authority to try the case.

My questions are
(1) By adding venue as an element of the offense, did the judge change the indictment?
(2) Is the ruling of venue a matter of law? And if so, should have been ruled on by the judge instead of the jury?
(3) Is the finding of guilt before deciding jurisdiction a procedural error? Is a procedural error grounds for an automatic reversal?

Thank you.

 

[calatty]

What was the crime? Was it committed in two counties? Normally venue is a purely legal determination to be made by the judge.

 

[HisFriend]

The crime is aggravated sexual assault and I don't know if it was only one county. I believe so, but I'll get clarification on this. Does that make a difference and can you explain that difference? You indicated "normally" venue is determined by the judge. What kinds of circumstances would make it so the judge would ask the jury to determine jurisdiction?

 

[JETX]

Gee, doesn't this one sound like another homework assignment???
The terms used are simply too precise to have been created by a 'layperson'.
Also, there are several procedural issues that are made a basis of the question, yet are presented out of place or sequence, affecting the overall 'answer'.

Example, the motion to establish venue would have been raised by the defense PRIOR to the trial even starting.

 

[oberauerdorf]

The homework police have entered the building

 

[HisFriend]

Heavens ... What happened to the "do not be rude" requirement with this website?

I assure you, JETX, this is not a homework assignment -- thus the ignorance with sequence and other procedural errors you've pointed out. I am asking these questions because they are directly related to the case of a dear friend's son and I was asked to do so. Obviously, they are attempting an appeal and looking for whatever they can to help their case.

Further, you should check your feeling of superiority. Just because I'm not an attorney doesn't mean I'm not educated enough to write clear and concise questions with as much information as I have ... Lay people come in all shapes and sizes, occupations and educational backgrounds.

I am simply helping a friend and the real shame is how easily you're offended by someone asking for help.

 

[HomeGuru]

Heavens ... What happened to the "do not be rude" requirement with this website?

I assure you, JETX, this is not a homework assignment -- thus the ignorance with sequence and other procedural errors you've pointed out. I am asking these questions because they are directly related to the case of a dear friend's son and I was asked to do so. Obviously, they are attempting an appeal and looking for whatever they can to help their case.

Further, you should check your feeling of superiority. Just because I'm not an attorney doesn't mean I'm not educated enough to write clear and concise questions with as much information as I have ... Lay people come in all shapes and sizes, occupations and educational backgrounds.

I am simply helping a friend and the real shame is how easily you're offended by someone asking for help.

**A: oh brother, hisfriend lost hismind.

 

[HisFriend]

I realize there are alot of people who scam others -- especially in those kind of format; however, I haven't had that experience on this site. In the past, it's always been a place I could get an answer to a question, no matter the subject and no matter how it was written. I was seriously asking questions, as they were sent to me and hoping for some kind of clarification. All I wanted to do was help my friend.

Is there someone who can or will help me?

 

[oberauerdorf]

The crime is aggravated sexual assault and I don't know if it was only one county. I believe so, but I'll get clarification on this.

No one is going to try the case in this forum.

Simply put, until you have the answer to the above question all help you MAY receive is irrelevant.

 

[HisFriend]

Thank you.

 

[HisFriend]

The state is Texas ... the crime was aggravated sexual assault, alledged by the state to be committed on a very specific date at one specific location -- one address in a single county. The trial was held in a neighboring county.

Any help you can offer will be appreciated.

Thank you.

 

[dequeendistress]

Ok but what was the question....

 

[HisFriend]

I'm sorry ... I thought the original information was still in the thread ... This is what my friend sent with regard to her son's trial.


What is the name of your state? Texas.

In a criminal trial, the defense asked for a hearing on the issue of venue, stating that the county trying the case did not have jurisdiction to do so. The first request, after the state rested their case, was denied by the judge. The second request, after the defense rested by before final arguments, was granted.

After listening to witnesses from both sides, the judge refused to make a ruling on the matter and said this, "I will make venue an element of the offense and leave it up to the jury to decide." In the jury charge, the judge told them they must find the county has jurisdiction to try the case by preponderance of evidence, before they could go to the guilt/innocence phase. The jury found the defendent guilty before deciding if the county had authority to try the case.

My questions are
(1) By adding venue as an element of the offense, did the judge change the indictment?
(2) Is the ruling of venue a matter of law? And if so, should have been ruled on by the judge instead of the jury?
(3) Is the finding of guilt before deciding jurisdiction a procedural error? Is a procedural error grounds for an automatic reversal?

Thank you.