Stephen Patrick Black v. Texas
DueProcess FifthAmendment
Are directed verdicts constitutional in civil trials relating to indefinite civil commitment?
QUESTIONS PRESENTED FOR REVIEW 1. Are Directed Verdicts constitutional in civil trials relating to indefinite civil commitment? Directed verdicts are disallowed in criminal trials and all essential elements must be proven beyond a reasonable doubt even when the evidence is overwhelming as to the guilt of the defendant. Civil commitment trials involve the liberty of the individual not for a determinate period, but for an indeterminate period, therefore directed verdicts involving a person’s liberty should not be allowed in any trial: criminal or civil. Moreover, all essential elements determining a person’s guilt, or innocence should be left to a unanimous jury decision beyond a reasonable doubt. Does the use of directed verdicts in civil trials involving a person’s liberty violate the Constitutional Amendments Five, Six, Seven, Nine, Sections 1-2, and Fourteen, Sections 1? 2. Egregious fundamental error contained in the jury charge can be raised for the first time on appeal. The Special Prosecution Unit in the State of Texas prepares jury charges for sexually violent predator civil commitment trials and they contain a fundamental error that cannot be overcome by the trial records and the charge itself. Is egregious fundamental error contained in a jury charge a violation of the Constitutional Amendments Five, Six, Seven, Nine, Sections 1-2, _ and Fourteen, Sections 1? 2 : N .