Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Commitment of Eeds

In the civil commitment hearing, James Eeds did not deny molesting the girls. The psychiatrist's opinion testimony related to how her observations of Eeds' responses during their interview affected her medical diagnosis of a behavioral abnormality. Thus, her response concerned a matter within her expertise rather than one within the province of the jury. Beaumont Court of Appeals, No. 09-07-439 CV

X

Thank you for sharing!

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

A jury determined that James Eeds suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence. Eeds appeals the judgment and order of civil commitment as a sexually violent predator. In three issues, Eeds contends the trial court (1) erred in denying the motion for directed verdict; (2) abused its discretion in allowing an expert witness to express an opinion on Eeds’s truthfulness; and (3) abused its discretion in allowing improper jury argument by State’s counsel. We affirm the judgment of the trial court.

In his first issue, Eeds contends the State failed to prove that he had two predicate offenses. At trial the State produced two judgments of conviction for indecency with a child by contact.*fn1 See Tex. Pen. Code Ann. § 21.11(a)(1) (Vernon 2003). The State also offered deposition testimony in which Eeds admitted that he fondled the breasts of an eight-year-old girl in the toy department of a Wal-Mart on December 6, 1996. The date of that offense matches the date of the offense listed in the judgment in Cause No. 44,156. The State alleged Cause No. 44,156 as one of the predicate offenses. Eeds also testified that on December 8, 1996, he approached a ten-year-old girl in the backpack sales area of a Kmart and offered her money to feel her breasts. The date of this offense matches the date of the offense for the judgment of conviction for indecency with a child by contact in Cause No. 44,157, a conviction not alleged by the State as a predicate offense.

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
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs