Adam Clementson v. State

Summary

This document is the State's appellate brief in Adam Clementson v. State, an appeal concerning a conviction for assault of a public servant. The State argues that the jury-charge presumption under Texas Penal Code sections 22.01(d) and 2.05 was permissive rather than mandatory, that the evidence supported applying the presumption, and that any error was harmless. The brief asks the Seventh Court of Appeals to overrule the appellant's issue and affirm the trial court's judgment.

Questions Presented

1. Whether the jury-charge instruction concerning the statutory presumption that Clementson knew Latham was a public servant was an unconstitutional mandatory presumption.
2. Whether the evidence rationally connected Latham's police uniform to the presumed fact that Clementson knew Latham was a public servant.
3. Whether any error in submitting the presumption was harmless.

Disposition

other