H
HisFriend
Guest
What is the name of your state? Texas.
This information comes from the trial transcript of a friend's son in Collin County (Dallas area), Texas. In the criminal trial, his defense attorney asked for a hearing on the issue of venue, stating that the county trying the case did not have jurisdiction to do so. The state alleges the crime was committed on a very specific date at one specific location -- one address in a single county, yet the trial was held in a neighboring county. The first request, after the state rested their case, was denied by the judge. The second request, after the defense rested but before the final arguments, was granted.
After listening to witnesses from both sides, the judge refused to make a ruling on the matter of venue and said this (quoted directly from the transcript), "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 friend is in the process of appeal and in order to proceed, I hope someone will be able to answer the questions she's asking.
(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?
(3) Should venue 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.
This information comes from the trial transcript of a friend's son in Collin County (Dallas area), Texas. In the criminal trial, his defense attorney asked for a hearing on the issue of venue, stating that the county trying the case did not have jurisdiction to do so. The state alleges the crime was committed on a very specific date at one specific location -- one address in a single county, yet the trial was held in a neighboring county. The first request, after the state rested their case, was denied by the judge. The second request, after the defense rested but before the final arguments, was granted.
After listening to witnesses from both sides, the judge refused to make a ruling on the matter of venue and said this (quoted directly from the transcript), "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 friend is in the process of appeal and in order to proceed, I hope someone will be able to answer the questions she's asking.
(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?
(3) Should venue 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.