In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00291-CV
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IN RE COMMITMENT OF JAMES WESLEY JACKSON JR.
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On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 11-10-10851 CV
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MEMORANDUM OPINION
The State of Texas filed a petition to civilly commit James Wesley Jackson
Jr. as a sexually violent predator under the Sexually Violent Predator Act. See
Tex. Health & Safety Code Ann. §§ 841.001-.151 (West 2010 & Supp. 2012). A
jury found Jackson suffers from a behavioral abnormality that makes him likely to
engage in a predatory act of sexual violence. Id. § 841.003. The trial court entered
a final judgment and an order of civil commitment under the Act. We affirm the
judgment of the trial court.
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Jackson raises three issues on appeal. In his first two issues, Jackson argues
that the trial court committed reversible error by compelling him to respond to the
State’s request for admissions and by admitting his responses into evidence. In his
third issue, Jackson argues that the trial court erred by admitting the facts and
details related to his offenses into evidence.
I. REQUEST FOR ADMISSIONS
Jackson filed a motion for protective order asking the court to protect him
from responding to the State’s request for admissions. Jackson argued that the
requested admissions numbered one through sixty-seven were objectionable
because the use of such admissions would relieve the State of its burden of proof
and the requirement that it obtain a unanimous jury verdict. The trial court denied
his motion and ordered him to respond to the State’s request. On appeal, Jackson
argues that the State crafted request for admission number seventy-nine to relieve
itself of the burden to prove beyond a reasonable doubt that Jackson suffers from a
behavioral abnormality. Additionally, Jackson argues on appeal that the State’s
request for admissions encompassed ultimate issues of fact that should have been
left to the fact finder.
Request for admission number seventy-nine and Jackson’s stated response,
which was read to the jury at trial, is as follows:
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79. I admit that, even with all that I have learned in Sex Offender
Treatment, it is still possible that I will sexually reoffend.
RESPONSE: Respondent objects to this request for admission as
the request addresses an ultimate issue, circumstance, or fact of
the lawsuit filed under Chapter 841 of the Texas Health and
Safety Code. This request calls for a legal conclusion. Subject to
and without waiving this objection, admit.
Jackson contends that “[b]ecause the trial court coerced [Jackson] to admit his
propensity to recidivate in a sexually-violent manner, the trial court discharged the
State’s burden to prove the matters set forth in Texas Health & Safety Code §
841.003(a)(2).” We find Jackson’s argument unpersuasive.
The primary purpose of requests for admission is to simplify trials by
eliminating matters about which there is no real controversy; to obviate in advance
of trial, proof of obviously undisputed facts. Mosby v. Tex. & P. Ry. Co., 191
S.W.2d 55, 58 (Tex. Civ. App.—El Paso 1945, writ ref’d w.o.m.); see generally
Tex. R. Civ. P. 198.1-198.3. We have previously held that requests for admissions
may be used appropriately in SVP cases. See In re Commitment of Malone, 336
S.W.3d 860, 862 (Tex. App.—Beaumont 2011, pet. denied). While the trial court
ordered Jackson to respond to the State’s requests for admissions, the order
complained of certainly does not compel Jackson to admit any disputed fact. By
admitting the specific request for admission, Jackson established the factual
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statement as being undisputed for purposes of the commitment proceeding. See
Tex. R. Civ. P. 198.3.
Under the SVP statute, the State must prove beyond a reasonable doubt that
“the person is a sexually violent predator.” Tex. Health & Safety Code Ann. §
841.062(a). The SVP statute defines “sexually violent predator” as a person who
“(1) is a repeat sexually violent offender; and (2) suffers from a behavioral
abnormality that makes the person likely to engage in a predatory act of sexual
violence.” Id. § 841.003(a). The statute defines “behavioral abnormality” as “a
congenital or acquired condition that, by affecting a person’s emotional or
volitional capacity, predisposes the person to commit a sexually violent offense, to
the extent that the person becomes a menace to the health and safety of another
person.” Id. § 841.002(2).
Jackson’s admission that “it is still possible” that he will sexually reoffend,
despite having undergone sex offender treatment, is nothing more than an
admission that it is his own opinion that his reoffending remains a possibility. This
admission did not alleviate the State’s burden to prove beyond a reasonable doubt
that Jackson suffers from a behavioral abnormality that makes him likely to engage
in a predatory act of sexual violence. See id. § 841.003(a)(2). Jackson further
argues that he was required to testify, consistent with his admission in request
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number seventy-nine, that he believed he would very likely sexually assault
another person again. But Jackson denied the following requests for admissions:
56. I admit that I will reoffend against children when I am released
from prison.
RESPONSE: Deny
57. I admit that I think I will reoffend against children when I am
released from prison.
RESPONSE: Deny
58. I admit that I am afraid I will reoffend against children when I am
released from prison.
RESPONSE: Deny
59. I admit that I think it [is] very likely that I will sexually assault
again.
RESPONSE: Deny
60. I admit that I am afraid that I will sexually assault again.
RESPONSE: Deny
....
77. I admit that I have not learned enough in Sex Offender Treatment
to keep me from sexually reoffending.
RESPONSE: Deny
78. I admit that I have not learned enough in Sex Offender Treatment
to guarantee that I will not sexually reoffend.
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RESPONSE: Deny
In his response to the State’s request for admission number thirty-two,
Jackson admitted, without objection, that he is sexually aroused by children.
During the State’s direct examination of Jackson, Jackson unequivocally
acknowledged that he is still attracted to children and if he found himself alone
with a child, he would try to have sex with them. He further testified that he
believes he continues to need sex offender treatment, is afraid he will sexually
reoffend, and believes that it is very likely that he will sexually assault someone in
the future. Contrary to Jackson’s assertion on appeal, Jackson’s trial testimony that
he believes it is very likely he will sexually assault someone again was not dictated
by his response to the State’s request for admission number seventy-nine. To the
contrary, Jackson denied request for admission number fifty-nine, which asked him
to admit that it was very likely he would sexually assault again.
We note that the State explained its burden of proof during voir dire and
closing argument, and the jury charge included the proper burden of proof. We
conclude that permitting the State to tender into evidence Jackson’s responses to
the State’s requests for admissions, including his admission to request number
seventy-nine, did not lower the State’s burden of proof. See In re Commitment of
Camarillo, No. 09-12-00304-CV, 2013 WL 2732662, at **2-3 (Tex. App.—
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Beaumont June 13, 2013, no pet.) (mem. op.); In re Commitment of Delacruz, No.
09-11-00554-CV, 2012 WL 252543, at *3 (Tex. App.—Beaumont Jan. 26, 2012,
pet. denied) (mem. op.). The trial court did not abuse its discretion by compelling
Jackson to respond to the requests for admissions or by admitting his responses
into evidence. We overrule issues one and two.
II. ADMISSION OF FACTS RELATED TO OFFENSES
In his third issue, Jackson argues that the trial court erred in admitting
factual details of Jackson’s crimes, over his objection. At trial, Jackson objected to
this evidence during the testimony of the State’s experts, Dr. Jason Dunham and
Dr. Sherry Gaines, on the basis that it was hearsay and was irrelevant. He also
incorporated by reference, his trial objections to the testimony of both experts,
which included objections under Rule 403 and 705(d) of the Texas Rules of
Evidence. The trial court overruled his objections. During Dr. Dunham’s
testimony the trial court gave the jury the following limiting instruction:
. . . Hearsay is a statement offered in evidence to prove the truth of
the matter asserted other than a statement by a party opponent,
deposition testimony or one made by the declarant while testifying at
the trial. These last three forms of testimony are not hearsay. Now, in
this case, you will hear certain hearsay information contained in
records reviewed by experts presented before you through the expert’s
testimony. Such hearsay information was presented to you only for
the purpose of showing the basis or basis for the expert opinions. And
cannot be considered by you as evidence to prove the truth of the
matter asserted. It was presented to you solely to afford you the
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opportunity to decide the weight and credibility to be given to the
expert’s opinion. Is that satisfactory?
During Dr. Gaines’s testimony, the trial court ruled that Jackson’s request for a
limiting instruction was premature. Jackson did not make another request for a
limiting instruction during Dr. Gaines’s testimony. Jackson also testified, without
objection, regarding the details of his sexual offenses.
We review the admission of evidence under an abuse of discretion standard.
Owens-Corning Fiberglas Corp. v. Malone, 972 S.W.2d 35, 43 (Tex. 1998); In re
Commitment of Salazar, No. 09-07-345 CV, 2008 WL 4998273, at *2 (Tex.
App.—Beaumont Nov. 26, 2008, pet. denied) (mem. op.). A trial court abuses its
discretion when it acts without reference to any guiding rules or principles. E.I. du
Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 558 (Tex. 1995). A
judgment will not be reversed based on the admission of evidence unless the
appellant establishes that the trial court’s ruling was in error and that the error was
reasonably calculated to cause and probably did cause the rendition of an improper
judgment. Salazar, 2008 WL 4998273, at *2; see also Tex. R. App. P. 44.1(a)(1).
Under Rule 705 of the Texas Rules of Evidence, an expert may disclose on
direct examination, or be required to disclose on cross-examination, the underlying
facts or data on which he bases his opinion. Tex. R. Evid. 705(a); In re
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Commitment of Yaw, No. 09-08-042 CV, 2008 WL 5096511, at *1 (Tex. App.—
Beaumont Dec. 4, 2008, no pet.) (mem. op.). Rule 705(d) provides as follows:
(d) Balancing Test; Limiting Instructions.-- When the underlying
facts or data would be inadmissible in evidence, the court shall
exclude the underlying facts or data if the danger that they will be
used for a purpose other than as explanation or support for the
expert’s opinion outweighs their value as explanation or support or are
unfairly prejudicial. If otherwise inadmissible facts or data are
disclosed before the jury, a limiting instruction by the court shall be
given upon request.
Tex. R. Evid. 705(d). “When an expert relies upon hearsay in forming his opinion,
and it is of a type reasonably relied upon by such experts, the jury is generally
permitted to hear it.” Salazar, 2008 WL 4998273, at *4.
Jackson did not object to the limiting instruction given during Dr. Dunham’s
testimony or the limiting instruction contained in the jury charge. Both experts
testified regarding the facts they considered in forming their opinions, and how
those facts affected their determination of whether Jackson suffered from a
behavioral abnormality. The trial court could have reasonably concluded that the
facts and details related to Jackson’s underlying offenses would be helpful to the
jury to explain how the State’s experts formed their opinions that Jackson suffers
from a behavioral abnormality. Given the purpose for admitting this evidence, its
cumulative nature, and the trial court’s limiting instructions, the trial court’s
conclusion that the evidence was not unfairly prejudicial was reasonable. See In re
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Commitment of Ford, No. 09-11-00425-CV, 2012 WL 983323, at *2 (Tex. App.—
Beaumont Mar. 22, 2012, no pet.) (mem. op.); In re Commitment of Day, 342
S.W.3d 193, 199 (Tex. App.—Beaumont 2011, pet. denied). We conclude that the
admission of the challenged evidence was not an abuse of discretion and did not
cause the rendition of an improper verdict. See Tex. R. App. P. 44.1(a)(1). We
overrule issue three.
Having overruled all of Jackson’s appellate issues, we affirm the trial court’s
judgment.
AFFRIMED.
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CHARLES KREGER
Justice
Submitted on May 22, 2013
Opinion Delivered October 31, 2013
Before McKeithen, C.J., Kreger and Horton, JJ.
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