white magic, they will dematerialize. But like the mystical sorcerer’s power, misapplied presumptions become black magic for the State. This article reviews the applicable law of statutory presumptions and four exemplar jury instructions, three of which have been in general use for some time. The other example is from the recently published 2015 softcover Texas Criminal Pattern Jury Charges - General, Evidentiary and Ancillary Instructions State pattern jury (“the Bar’s When a case contains exculpatory evidence contradicting a charges”). statutory invited inference, all four jury charge examples presumption’s unconstitutionally increase the odds of a wrongful conviction. A simple remedial instruction, the magic words, resolves the problem. PRESUMPTIONS AND THEIR DANGER A presumption is a rule of evidence, supplying inference as to “an the existence of a fact not actually known, arising from its usual connection with another which is 78 Insurance Co. v. Weide, known.” U.S. 438, 441-442 (1870). A presumption is not evidence, nor does it supply evidence. 188 S.W.3d 185, 193 (Tex. Crim. Guzman v. State, App. 2006). Instead, it is a deduction from the circumstances of a case.
white magic, they will dematerialize. But like the sorcerer’s mystical power, misapplied presumptions become black magic for the State. This article reviews the applicable law of statutory presumptions and four exemplar jury instructions, three of which have been in general use for some time. The other example is from the recently published 2015 softcover Texas Criminal Pattern Jury Charges - General, Evidentiary and Ancillary Instructions (“the State Bar’s pattern jury charges”). When a case contains exculpatory evidence contradicting a statutory presumption’s invited inference, all four jury charge examples unconstitutionally increase the odds of a wrongful conviction. A simple remedial instruction, the magic words, resolves the problem. PRESUMPTIONS AND THEIR DANGER A presumption is a rule of evidence, supplying “an inference as to the existence of a fact not actually known, arising from its usual connection with another which is known.” Insurance Co. v. Weide, 78 U.S. 438, 441-442 (1870). A presumption is not evidence, nor does it supply evidence. Guzman v. State, 188 S.W.3d 185, 193 (Tex. Crim. App. 2006). Instead, it is a deduction from the circumstances of a case.
Eutsler_presumptions_July-30-2015.docx