In re Commitment of Jose Arredondo, Jr.

Summary

The Texas Fourth Court of Appeals affirmed the civil commitment of Jose Arredondo, Jr. as a sexually violent predator. The court held that the trial court did not abuse its discretion by refusing to instruct the jury that expert testimony should be considered like any other testimony, because the proposed instruction would have effectively singled out the State’s expert and commented on the weight of the evidence. The court relied on Davidson v. Wallingford and Texas Rules of Civil Procedure 226a and 277.

Holdings

1. The trial court did not abuse its discretion by refusing the requested expert-testimony instruction because, given that Turner was the only expert and one of only two witnesses, the instruction would have effectively singled out Turner's testimony and commented on the weight of the evidence.

Questions Presented

1. Whether the trial court abused its discretion by refusing to instruct the jury that expert testimony should be considered like any other testimony.

Disposition

affirmed