Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Tear v. State

Multiple outcry witnesses can testify about different instances of abuse committed by the defendant against the victim.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
AFFIRMED.

OPINION

Robert William Tear appeals his convictions for aggravated sexual assault of a child under fourteen years of age. A jury found Tear guilty on two counts and assessed his punishments at ten years’ imprisonment in the state penitentiary, probated for ten years, and fifteen years’ imprisonment in the state penitentiary. In eight issues on appeal, Tear complains (1) the two offenses were improperly joined, (2-5) the evidence is legally and factually insufficient on both counts, (6) hearsay testimony was improperly admitted, (7) the jury charge on guilt/innocence misapplied the law to the facts, and (8) the jury charge on punishment improperly allowed consideration of his guilt on the first count when assessing his punishment on the second count. Because the offenses were properly joined, the evidence is legally and factually sufficient on both counts, the testimony was properly admitted under the outcry exception to the hearsay rule, there was no error in the guilt/innocence charge, and there was no harm from the error in the punishment charge, we affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts
Associate Attorney

We are a boutique firm specializing the area of real estate law and handling both litigation and transactional matters. We are seeking an as...


Apply Now ›
Plaintiff Personal Injury Trial Attorney

Rabb, Hamill, P.A, located in Woodbridge, NJ, seeks an experienced NJ licensed Personal Injury Trial attorney. The successful candidate wi...


Apply Now ›
Federal Public Defender, Wyoming

The United States Court of Appeals for the Tenth Circuit is accepting applications from all qualified persons for the position of Federal Pu...


Apply Now ›
Go to Lawjobs