Gilberto Antonio Guillen-Hernandez v. Texas
Securities Immigration
Does the constitutional requirement of jury unanimity, contained within the Sixth Amendment of the United States Constitution, require a jury to be unanimous as to the specific acts of sexual abuse in order to convict a defendant of continuous sexual abuse?
QUESTION PRESENTED This Court recently recognized that the term "trial by an im| partial jury," contained within the Sixth Amendment of the United : States Constitution, requires jury unanimity. The Court further recognized that said requirement applies to state and federal | criminal trials equally. | Petitioner was convicted of continuous sexual abuse by a jury that was not required to agree unanimously on which two or more . specific acts of sexual abuse were committed by Petitioner or the exact date when those acts were committed. To date, the Court of Criminal Appeals of Texas has not written on the constitutionality of the statute that authorizes the jury to convict a defendant without unanimity. This Court has not directly spoken on the constitutionality of continuous sexual abuse statutes that do not require a jury to unanimously agree on the particular acts of wrongdoing committed | by a defendant. This case, therefore, presents the following question: Does the constitutional requirement of jury unanimity, contained within the Sixth Amendment of the United States Constitution, require a jury to be unanimous as to the specific acts of sexual abuse in order to convict a defendant of continous sexual abuse? Guillen-Hernandez v. Texas i | | | +t . |