In re Commitment of Gregory A. Jones

Summary

The Supreme Court of Texas held that a unanimous verdict is required to find a person is a sexually violent predator under Texas Health and Safety Code section 841.062, but only ten jurors are required for a verdict declining to make that finding under Texas Rule of Civil Procedure 292(a). The trial court erred by instructing the jury that unanimity was required for both answers. However, the error was harmless because the jury ultimately returned a unanimous verdict finding Gregory A. Jones to be a sexually violent predator, so the court reversed the court of appeals and reinstated the trial court's judgment.

Holdings

1. A unanimous verdict is required to find that a defendant is a sexually violent predator, but only ten of twelve jurors are necessary under Texas Rule of Civil Procedure 292(a) to return a verdict declining to find that the defendant is an SVP.
2. A defendant who requests an instruction explaining that ten jurors may return a verdict declining to find that the defendant is an SVP is entitled to have that instruction submitted.
3. The trial court's failure to submit the requested 10-2 instruction was harmless because the jury unanimously returned an affirmative SVP verdict, demonstrating that the error did not probably cause the rendition of an improper judgment.

Questions Presented

1. Whether a chapter 841 civil-commitment verdict finding that a defendant is not a sexually violent predator must be unanimous.
2. Whether the trial court erred by refusing to instruct the jury that unanimity was required for a verdict finding that Jones was an SVP but that ten of twelve jurors could return a verdict declining to find that he was an SVP.
3. Whether the jury-instruction error was harmful under Texas Rule of Appellate Procedure 44.1(a).

Disposition

reversed