Joseph Bebout West, Jr. v. The State of Texas

Summary

The Sixth Court of Appeals of Texas at Texarkana affirmed Joseph Bebout West, Jr.'s conviction for assault involving family violence and his one-year sentence. The court held that West forfeited his challenge to a juror's impartiality by failing to raise it before the jury was empaneled and sworn. The court also held that the evidence did not warrant a jury instruction on consent and affirmed the trial court's judgment.

Holdings

1. West forfeited his right to complain about juror number six because defense counsel did not ask specific voir dire questions that would have revealed the juror's position as mayor and did not timely raise the challenge before the jury was empaneled and sworn.
2. The trial court did not abuse its discretion in denying West's motion for new trial.
3. The trial court was not required to instruct the jury on consent because the evidence that Bowen pushed West away showed, at most, provocation and did not show that Bowen expressly or impliedly consented to West's assaultive conduct or that West reasonably believed she consented.
4. There was no jury-charge error because the evidence did not raise the consent defense; therefore, the court did not reach a harm analysis requiring reversal.

Questions Presented

1. Whether the trial court abused its discretion by denying West's motion for new trial based on an allegedly biased juror who was the Mayor of Longview.
2. Whether West forfeited his right to complain about the juror's alleged bias by failing to ask specific voir dire questions or object before the jury was empaneled and sworn.
3. Whether the evidence raised the defense of consent so as to require an instruction under Texas Penal Code section 22.06.
4. Whether the trial court committed reversible jury-charge error under Almanza.

Disposition

affirmed