Criminal Procedure FAQ | Texas Family Law Powerhouse

Question 1

Can a judge tell the jury that the state doesn't need to prove guilt beyond all possible doubt in a criminal case?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Johnson v. State. In high-conflict custody or termination litigation, a parent cannot mitigate a 'knowing' endangerment finding by claiming they were mistaken about a drug's identity; knowledge that a substance is 'controlled' is sufficient to establish the mental state for endangerment regardless of the parent's subjective belief about its specific chemical composition or lethality.

Question 2

Can the public be excluded from jury selection in criminal trials?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Jennifer Jo Stricker v. The State of Texas. Limited seating or a crowded gallery is not a valid legal reason to exclude public spectators from a jury trial; doing so without specific constitutional findings creates a 'structural error' that can automatically void your entire case on appeal regardless of the evidence.

Question 3

What can prosecutors argue during closing arguments in Texas criminal trials?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Davidson v. State. A party's failure to mention a specific justification (like self-defense or child protection) to first responders or medical professionals at the time of an incident can be used to impeach a fabricated or coached narrative that only emerges later during litigation.