Permissible Voir Dire “Commitment”

November 14, 2022

The Fifth Court remanded for a new trial based on a voir dire error about the civil-commitment statute that gave rise to In re Commitment of Hill, 334 S.W.3d 226 (Tex. 2011): “Counsel then asked the entire panel: ‘would anyone find it hard to give someone who’s been diagnosed by an expert as a hebephile, and that is a sexual attraction to what is parapubescent or postpubescent children, a fair trial?’ The state objected ‘to an improper commitment and comment on evidence’ and the court sustained the objection. Appellant’s counsel asked to approach but the court said ‘No. I sustained the objection. Move on.'” In re Commitment of Revels, No. 05-21-00868-CV (Nov. 8, 2022) (mem. op.).