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Ewing v. State

Appellant's voir dire questions were not calculated to elicit a commitment from the juror regarding following the law on the burden of proof. A question that gets a juror to admit that he or she may be "less inclined" to lean the defendant's way is not the same as a question that gets the juror to admit that he or she would not require the state to prove its case beyond a reasonable doubt. Fort Worth Court of Appeals, No. 2-03-424-CR

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OPINION

Appellant John Ross Ewing, a former Haltom City police officer, was convicted by a jury of three counts of sexually assaulting a sixteen-year-old boy whom he had met through the Haltom City Police Department’s Explorers program, in which Haltom City police officers serve as advisors to high school students interested in learning about law enforcement. On appeal, Appellant contends that the trial court erred by foreclosing voir dire questioning regarding Appellant’s homosexuality, by admitting evidence of extraneous acts without proper notice, by overruling objections to the State’s sentencing argument, and by imposing consecutive, rather than concurrent, suspended sentences on the second and third counts. We will reverse and remand only the portion of the judgment imposing consecutive suspended sentences; in all other respects, we will affirm.

I. Trial Court’s Limitation of Voir Dire

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