COMPCHG4/209/3ISSUES/MENTALLY I



CAUSE NO. 727,765

CAUSE NO. 729,925

THE STATE OF TEXAS § IN THE 180TH DISTRICT COURT

VS. § OF HARRIS COUNTY, TEXAS

NATHAN DALE CAMPBELL § MAY TERM, A. D., 2002

Members of the Jury:

This matter is submitted to you on Special Issues, which you will answer from the evidence you have heard in the trial.

The Court now gives you certain definitions and instructions by which you will be governed in arriving at your answers to the questions submitted to you.

The term "Mentally Ill Person" means a person who is mentally ill. Mental illness" means an illness, disease, or condition, other than epilepsy, senility, alcoholism, or mental deficiency, that (A) substantially impairs a person's thought, perception of reality, emotional process, or judgment; or (B) grossly impairs behavior as demonstrated by recent disturbed behavior.

You are instructed that under our law a person must meet certain criteria before he can be subjected to court-ordered mental health services. Those are:

1) that he is mentally ill;

2) as a result of that mental illness, he:

(A) is likely to cause serious harm to himself,

(B) is likely to cause serious harm to others, or

(C) is

i) suffering severe and abnormal mental, emotional, or physical distress;

ii) experiencing substantial mental or physical deterioration of his ability to function independently, which is exhibited by his inability, except for reasons of indigence, to provide for his basic needs, including food, clothing, health or safety; and

iii) unable to make a rational and informed decision as to whether or not to submit to treatment;

3) his condition is expected to continue for more than 90 days.

The Burden of Proof is upon the State to prove each of the below listed Special Issues by Clear and Convincing Evidence.

The term "Clear and Convincing Evidence" means that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. This is an intermediate standard, falling between the preponderance of the evidence standard of ordinary civil proceedings and the beyond a reasonable doubt standard of criminal proceedings. If you find that the State has proved a Special Issue by Clear and Convincing Evidence, you will answer that Special Issue “We do” otherwise you will answer that Special Issue “We do not.”

After you retire you will select one of your members as your Foreperson and it will be his or her duty to write your answers in the blanks which follow each Special Issue.

You may render your verdict upon the vote of ten or more members of the jury. The same ten or more of you must agree upon all of the answers made and to the entire verdict. You will not, therefore, enter into an agreement to be bound by a majority or any other vote of fewer than ten jurors. If the verdict and all of the answers are reached by unanimous agreement, the foreperson shall sign the verdict for the entire jury. If any juror disagrees as to any answer made by the verdict, those jurors who agree to all findings shall sign the verdict.

You are the exclusive judges of the facts proved, of the credibility of the witnesses and the weight to be given their testimony, but the law you shall receive in these written instructions, and you must be governed thereby.

Simply answer the questions, and do not discuss nor concern yourselves with the effect of your answers.

Now, bearing in mind the foregoing definitions and instructions, you will answer the following Special Issues.

SPECIAL ISSUE NO. 1

Do you find by Clear and Convincing Evidence that Nathan Dale Campbell is a person with mental illness?

Answer "We do" or "We do not":

ANSWER:                    

If you have answered Special Issue No. 1 "we do," then answer Special Issues No. 2, 2A, 2B, and 2C.

SPECIAL ISSUE NO. 2

If you have found the answer to Special Issue No. 1 to be "We do," do you find by Clear and Convincing Evidence that Nathan Dale Campbell meets the criteria for Court-ordered mental health services in that he is likely to cause serious harm to himself?

Answer "We do" or "We do not":

ANSWER:                    

SPECIAL ISSUE NO. 2A

If you have found the answer to Special Issue No. 1 to be "We do," do you find by Clear and Convincing Evidence that Nathan Dale Campbell meets the criteria for Court-ordered mental health services in that he is likely to cause serious harm to others?

Answer "We do" or "We do not":

ANSWER:                    

SPECIAL ISSUE NO. 2B

If you have found the answer to Special Issue No. 1 to be "We do," do you find by Clear and Convincing Evidence that Nathan Dale Campbell meets the criteria for court-ordered mental health services in that as a result of that mental illness he is

i) suffering severe and abnormal mental, emotional, or physical distress;

ii) experiencing substantial mental or physical deterioration of his ability to function independently, which is exhibited by his inability, except for reasons of indigence, to provide for his basic needs, including food, clothing, health, or safety; and

iii) unable to make a rational and informed decision as to whether or not to submit to treatment?

Answer "We do" or "We do not":

ANSWER:                    

SPECIAL ISSUE NO. 2C

If you have found the answer to Special Issue No. 1 to be "We do," do you find by Clear and Convincing Evidence that Nathan Dale Campbell’s condition is expected to continue for more than 90 days?

Answer "We do" or "We do not":

ANSWER:                    

If you answer any of Special Issues No. 2, 2A, or 2B "We do," do not answer Special Issues No. 3, 3A, 3B, 3C, and 3D.

SPECIAL ISSUE NO. 3

If you have found the answer to Special Issue No. 1 to be "We do," and answered Special Issues No. 2, 2A, and 2B "We do not," do you find by Clear and Convincing Evidence that the nature of Nathan Dale Campbell’s mental illness is severe and persistent?

Answer "We do" or "We do not":

ANSWER:                    

SPECIAL ISSUE NO. 3A

If you have found the answer to Special Issue No. 1 to be "We do," and answered Special Issues No. 2, 2A, 2B "We do not," do you find by Clear and Convincing Evidence that Nathan Dale Campbell will, if not treated, continue to suffer severe and abnormal mental, emotional, or physical distress; and experience deterioration of the ability to function independently to the extent that he will be unable to live safely in the community without court-ordered mental health services?

Answer "We do" or "We do not":

ANSWER:                    

Special Issue No. 3B

If you have found the answer to Special Issue No. 1 to be "We do," and answered Special Issues No. 2, 2A and 2B "We do not," do you find by Clear and Convincing Evidence that Nathan Dale Campbell has an inability to participate in treatment services effectively and voluntarily, demonstrated by any of his actions that occurred within the preceding two-year period?

Answer "We do" or "We do not":

ANSWER:                    

Special Issue No. 3C

If you have found the answer to Special Issue No. 1 to be "We do," and answered Special Issues No. 2, 2A, and 2B "We do not," do you find by Clear and Convincing Evidence that there are specific characteristics of Nathan Dale Campbell's clinical condition that make it impossible for him to form a rational and informed decision as to whether to submit to voluntary treatment?

Answer "We do" or "We do not":

ANSWER:                    

Special Issue No. 3D

If you have found the answer to Special Issue No. 1 to be "We do," do you find by Clear and Convincing Evidence that Nathan Dale Campbell’s condition is expected to continue for more than 90 days?

Answer: "We do" or "We do not":

ANSWER: ___________________

When all issues have been answered, the jury will sign the certificate following your answers and return the same into Court as your verdict.

                                    

DEBBIE MANTOOTH STRICKLIN, Judge

180th District Court

Harris County, TEXAS

CERTIFICATE

We, the jury, have answered the above questions as here indicated and return them into court as our verdict.

(To be signed by the foreperson juror if unanimous.)

_____________________ ___________________________

Date Foreperson

(To be signed by those rendering the verdict if not unanimous.)

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