In Re Commitment of Hill, 334 S.W.3d 226 (Tex. 2011). · Go Syfert
In Re Commitment of Hill, 334 S.W.3d 226 (Tex. 2011). Cases Citing This Book View Copy Cite
126 citation events (126 in the last 25 years) across 3 distinct courts.
Strongest positive: in the Interest of T.B., an Adult (texapp, 2019-12-18)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in the Interest of T.B., an Adult (2×) also: Cited as authority (rule)
Tex. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party can preserve error by asking a specific and proper question, stating the basis on which it sought to ask that question, and obtaining an adverse ruling from the trial court
discussed Cited as authority (verbatim quote) Bruce M. Crider v. Mary H. Crider
Tex. App. · 2011 · quote attribution · 1 verbatim quote · confidence high
a party preserves error by a timely request that makes clear-by words or context-the grounds for the request and by obtaining a ruling on that request, whether express or implicit.
cited Cited as authority (rule) In Re: The Commitment of James Allen Hamm v. the State of Texas
txctapp7 · 2026 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011) (per curiam).
discussed Cited as authority (rule) In Re Nissan North America, Inc. and Mossy Nissan (TX), Inc. v. the State of Texas
Tex. App. · 2024 · confidence medium
“A party preserves error by a timely request that makes clear—by words or context—the grounds for the request and by obtaining a ruling on that request, whether express or implicit.” Id. (quoting In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011)); see also State Dep’t of Highways & Pub.
discussed Cited as authority (rule) In Re the Commitment of Richard Tarvin v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
“Litigants have the right to question potential jurors to discover biases and to properly use peremptory challenges.” In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011).
discussed Cited as authority (rule) In Re Sonia Trevino v. the State of Texas
Tex. App. · 2024 · confidence medium
P. 33.1(a) (“As a prerequisite to presenting a complaint for appellate review, the record must show that . . . the complaint was made to the trial court by a timely request, objection, or motion.”); Browder v. Moree, 659 S.W.3d 421 , 423 (Tex. 2022) (per curiam) (“A party preserves error by a timely request that makes clear—by words or context—the grounds for the request and by obtaining a ruling on that request, whether express or implicit.”) (quoting In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011)); Terrazas v. Ramirez, 829 S.W.2d 712, 723 (Tex. 1991) (orig. proceeding)…
discussed Cited as authority (rule) Reba Jaynette Fussell Hollis v. Robert Hollis and Wife, Sherry Hollis
Tex. App. · 2024 · confidence medium
A. Standard of Review “Litigants have the right to question potential jurors to discover biases and to properly use peremptory challenges.” In re Commitment of Wiley, No. 06-18-00056-CV, 2019 WL 490142 , at *2 (Tex. App.—Texarkana Feb. 8, 2019, no pet.) (mem. op.) (quoting In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011) (per curiam)).
discussed Cited as authority (rule) In Re Commitment of Joaquin Rivera v. .
Tex. App. · 2023 · confidence medium
The Law Relevant to Venire Questions “Litigants have the right to question potential jurors to discover biases and to properly use peremptory challenges.” In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011) (citing Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743 , 749–50 (Tex. 2006)).
cited Cited as authority (rule) In Re Commitment of Joaquin Rivera v. .
Tex. App. · 2023 · confidence medium
“Litigants have the right to question potential jurors to discover biases and to properly use peremptory challenges.” In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011) (per curiam).
examined Cited as authority (rule) in Re: The Commitment of Kendrick Devone Revels (3×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Move on.” This is a proper commitment question pursuant to In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011) (per curiam) (homosexuality), and its progeny: In re Commitment of Kalati, 370 S.W.3d 435 , 440–41 (Tex. App.—Beaumont 2012, pet. denied) (diagnosis as pedophile), In re Commitment of Miller, No. 09-11-00450- CV, 2012 WL 3031160 , at *1–3 (Tex. App.—Beaumont July 26, 2012, pet. denied) (offenses against children); In re Commitment of Porter, No. 11-18-00015-CV, 2018 WL 6544751 , at *1–2 (Tex. App.—Eastland Dec. 13, 2018, no pet.) (bestiality), In –3– re Commitm…
discussed Cited as authority (rule) in Re: The Commitment of Marcus Eloise Rollings (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011).
examined Cited as authority (rule) in Re Commitment of Randal Eugene Porter (3×) also: Cited "see"
Tex. App. · 2018 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011) (citing TEX.
discussed Cited as authority (rule) in Re: The Commitment of Bill Don Ratliff (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
“Litigants have the right to question potential jurors to discover biases and to properly use peremptory challenges.” In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011) (per curiam) (citing Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743 , 749–50 (Tex. 2006)).
discussed Cited as authority (rule) in Re Commitment of Tommy Dale Sells Sr. (2×) also: Cited "see, e.g."
Tex. App. · 2016 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 228-29 (Tex. 2011); Babcock v. Nw.
discussed Cited as authority (rule) Suzanna Eckchum A/K/A Susan Eckhert v. State
Tex. App. · 2015 · confidence medium
As a foundational principle, “[a] party preserves error by a timely request that makes clear—by words or context—the grounds for the request and by obtaining a ruling on that request, whether express or implicit.” In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011); see Tex. R.
discussed Cited as authority (rule) in Re Commitment of Rodney Dwain Pollard
Tex. App. · 2015 · confidence medium
The Texas Supreme Court has specifically stated in a sexually violent civil commitment case that “[l]itigants have the right to question potential jurors to discover biases and to properly use peremptory challenges.” In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011).
examined Cited as authority (rule) in Re Commitment of Michael Jerome Smith (3×) also: Cited "see"
Tex. App. · 2014 · confidence medium
“A party selecting jurors for trial must be given latitude to intelligently use its peremptory challenges to seat a jury that, to the greatest extent possible, is free from bias.” In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011) (per curiam).
discussed Cited as authority (rule) in Re Commitment of Lester Winkle
Tex. App. · 2014 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 228-29 (Tex.2011) (holding that the trial court abused its discretion by refusing to allow Hill’s attorneys to ask the jury panel if they could be fair to a person they believed to be a homosexual). 10 .
discussed Cited as authority (rule) in Re Commitment of William Cyrus Scott (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011).
discussed Cited as authority (rule) in Re Commitment of Edward Lamond Cox
Tex. App. · 2014 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011); In re Commitment of Larkin, 161 S.W.3d 778, 781 (Tex. App.—Beaumont 2005, no pet.). 8 During voir dire, Cox’s counsel asked, “If you hear the word pedophilia brought up in this particular case[,] how many of you will not be able to . . . listen to the law, listen to the facts, all the facts, and follow the law as the Judge gives it to you before rendering a verdict?” The State objected that “[a]sking them to commit to certain questions about the facts of the case, it’s a commitment question.” The trial court asked Cox’s…
discussed Cited as authority (rule) in Re Commitment of John James Smith Jr. (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex.2011). “[A] court abuses its discretion when its denial of the right to ask a proper question prevents determination of whether grounds exist to challenge for cause or denies intelligent use of peremptory challenges.” Babcock v. Nw.
cited Cited as authority (rule) in Re Commitment of Tommy Quay Eustace
Tex. App. · 2014 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 228-29 (Tex. 2011).
discussed Cited as authority (rule) in Re Commitment of Edwardo Ratliff Garcia (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011) (citing Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743, 749-50 (Tex. 2006)).
discussed Cited as authority (rule) in Re Commitment of Jesse Ramirez (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011); In re Commitment of Larkin, 161 S.W.3d 778, 780 (Tex. App.—Beaumont 2005, no pet.).
cited Cited as authority (rule) in Re Commitment of Edward Russell Tesson
Tex. App. · 2013 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex.2011).
examined Cited as authority (rule) in Re Commitment of Lloyd Alexander (4×) also: Cited "see"
Tex. App. · 2013 · confidence medium
The Texas Supreme Court has specifically stated in a sexually violent civil commitment case that “[l]itigants have the right to question potential jurors to discover biases and to properly use peremptory challenges.” In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex. 2011).
discussed Cited as authority (rule) in Re Commitment of William Paul Weissinger
Tex. App. · 2013 · confidence medium
In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011). “‘[A] court abuses its discretion when its denial of the right to ask a proper question prevents determination of whether grounds exist to challenge for cause or denies intelligent use of peremptory challenges.’” Id. (quoting Babcock v. Nw.
discussed Cited "see" in Re: The Commitment of James Lawrence Browning (2×) also: Cited "see, e.g."
Tex. App. · 2022 · signal: see · confidence high
See In re Commitment of Hill, 334 S.W.3d 226 , 228–29 (Tex. 2011) (reversing judgment after the trial court unilaterally prohibited defense counsel from asking “whether [the] potential jurors could be fair to a person they believed to be a homosexual” and asserting that “the questions [defense counsel] asked were proper, and there was no need for him to rephrase because there were no defects for him to cure”); In re Commitment of Kalati, 370 S.W.3d 435, 441 (Tex. App.—Beaumont 2012, pet. denied) (reversing judgment after the trial court improperly sustained the State’s commitment…
cited Cited "see" in the Interest of T.B., an Adult
Tex. App. · 2021 · signal: see · confidence high
See In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011).
cited Cited "see" in Re the Commitment of Anthony Bernard Wiley
Tex. App. · 2019 · signal: see · confidence high
See Hill, 334 S.W.3d at 229–30; Kalati, 370 S.W.3d at 441 .
discussed Cited "see" in Re: The Commitment of Leonel Ramirez Salomon (2×) also: Cited "see, e.g."
Tex. App. · 2018 · signal: see · confidence high
See Hill, 334 S.W.3d at 229 ; see also In re Commitment of Larkin, 161 S.W.3d 778, 780 (Tex. App.—Beaumont 2005, no pet.).
cited Cited "see" William Perry v. Vickie Reams Perry
Tex. App. · 2016 · signal: see · confidence high
Id.; see In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011).
cited Cited "see" The STATE of Texas, Appellant v. TREELINE PARTNERS, LTD., a Texas Limited Partnership, and Laroca Partners II, Ltd., a Texas Limited Partnership, Appellees
Tex. App. · 2015 · signal: see · confidence high
See In re Commitment of Hill, 334 S.W.3d 226, 228 (Tex.2011) (per curiam).
cited Cited "see" In re Commitment of Kalati
Tex. App. · 2012 · signal: see · confidence high
See In re Commitment of Hill, 334 S.W.3d 226 (Tex.2011) (per curiam).
discussed Cited "see, e.g." In Re Commitment of John Clinton Ivie v. the State of Texas
Tex. App. · 2024 · signal: see, e.g. · confidence low
See, e.g., In re Commitment of Hill, 308 S.W.3d 465 , 480–81 (Tex. App.—Beaumont 2010) rev’d on other grounds, 334 S.W.3d 226 (Tex. 2011); S.A., Jr. v. Tex. Dep’t of Family & Protective Services, No. 03-17-00790-CV, 2018 WL 1096012 , *4 (Tex. App.—Austin 2018, no pet.) (mem. op.).
cited Cited "see, e.g." In re Commitment of Gavin
Ill. App. Ct. · 2014 · signal: see, e.g. · confidence low
Id.; see, e.g., In re Commitment of Hill, 334 S.W.3d 226 (Tex. 2011) (questions on bias toward homosexuals proper and should have been allowed).
cited Cited "see, e.g." Wes Mason and Pam Mason v. Randy Keith Mason and Megan Mason
Tex. App. · 2014 · signal: see also · confidence medium
See also In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011).
discussed Cited "see, e.g." K.J. v. USA Water Polo, Inc.
Tex. App. · 2012 · signal: see also · confidence medium
Standefer, 59 S.W.3d at 181 ; see also In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex.2011) (per curiam) (commitment question not improper when the commitment potential jurors were asked to make was legislatively mandated).
discussed Cited "see, e.g." K.J. and V.J. Individually and A/N/F E.J., a Minor v. USA Water Polo, Inc., Chris Cullen, Jason Puyear, W.G., Jr.as Next Friend of W.G., III and L.G. as Next Friends of T.G., M.K. and L.K. as Next Friends of K.K., B.R. as Next Friends of B.R., W.S. as Next Friend of P.S. and J.S
Tex. App. · 2012 · signal: see also · confidence medium
Standefer, 59 S.W.3d at 181 ; see also In re Commitment of Hill, 334 S.W.3d 226, 229 (Tex. 2011) (per curiam) (commitment question not improper when the commitment potential jurors were asked to make was legislatively mandated).
Retrieving the full opinion text from the archive…
In Re COMMITMENT OF Seth HILL, Petitioner
10-0280.
Texas Supreme Court.
Mar 11, 2011.
334 S.W.3d 226
2011 Tex. LEXIS 191
2011 WL 836933
George W. Lang II, Nelda F. Williams, State Counsel for Offenders, Ann Gray Landeros, TDCJ-State Counsel for Offenders, Huntsville, Kyle A. Pinkerton, Williams & Byrd, Lufkin, Randall Bernard Miller, Arlington, for Petitioner., Melinda Fletcher, Special Prosecution Unit, Amarillo, Heather White Britten, Special Prosecution Unit-Civil Div., Holly Hagaman Haynes, Cara Michele Evans, Special Prosecution Unit, Civil Division, Huntsville, for Respondent.
Per Curiam.
Cited by 45 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #37,606 of 633,719
Citer courts: Court of Appeals of Texas (2)
PER CURIAM.

A party selecting jurors for trial must be given latitude to intelligently use its peremptory challenges to seat a jury that, to the greatest extent possible, is free from bias. Here, because the trial court refused to allow two permissible lines of questioning, we reverse the court of appeals’ judgment upholding the trial court’s ruling and remand this case for a new trial.

This is an appeal from a civil commitment proceeding in which a jury found Seth Hill to be a sexually violent predator. See Tex. Health & Safety Code ch. 841 (providing for the civil commitment of certain violent sexual offenders). The State had the burden to prove that Hill (1) was a “repeat sexually violent offender” and (2) “suffer[ed] from a behavioral abnormality” that made him “likely to engage in a predatory act of sexual violence.” Id. § 841.003. As such, much of Hill’s trial focused on his sexual history, which formed the basis for the State’s expert witness’s conclusion that Hill suffered from a behavioral abnormality. During its pretrial deposition of Hill, the State explored Hill’s sexual activity with other inmates in an all-male facility. In the deposition, Hill admitted to these acts. The State’s expert testified at trial that “if somebody has heterosexual preferences and then they later begin practicing homosexual acts, it infers that there is an instability within their personality which again, is more evidence of why I diagnosed [Hill] with a personality disorder.”

During voir dire, Hill’s attorney inquired, without objection, whether potential jurors could be fair to a person they believed to be a homosexual. Several stated that they would not be able to give a fair trial to such a person. The court then instructed Hill’s attorney to terminate that line of questioning. When Hill’s attorney attempted several more times to raise the issue, the trial court directed him not to ask a direct question about Hill’s homosexuality. Subsequently, the court stated that further questions would have to be submitted in advance.

Hill’s attorney then attempted to ask the panel whether, if the State proved that Hill had committed two or more violent sexual offenses, the potential jurors would convict Hill based on that evidence alone or would also require the State to prove the statute’s second element — that Hill had a behavioral abnormality predisposing him to commit such acts. The State objected to this line of questioning, calling Hill’s questions improper commitment questions, and the court sustained the objection. When Hill’s attorney attempted to rephrase his question, he was again to id that the question was prohibited. After the jury returned its verdict that Hill met the statutory criteria, the trial court signed a judgment, and the court of appeals affirmed. 308 S.W.3d 465, 485.

Litigants have the right to question potential jurors to discover biases and to properly use peremptory challenges. See Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743, 749-50 (Tex.2006). This right is “constrained by reasonable trial court[*229] control.” Id. at 750. Thus, refusals to allow lines of questioning during voir dire are reviewed under an abuse of discretion standard. Id. at 753-54. However, the proper discretion inquiry turns on the propriety of the question: “a court abuses its discretion when its denial of the right to ask a proper question prevents determination of whether grounds exist to challenge for cause or denies intelligent use of peremptory challenges.” Babcock v. Nw. Mem’l Hosp., 767 S.W.2d 705, 709 (Tex.1989). A party preserves error by a timely request that makes clear — by words or context — the grounds for the request and by obtaining a ruling on that request, whether express or implicit. TEX. R. APP. P. 33.1. Thus, in Babcock, we held that a party preserved error by asking a specific and proper question, stating the basis on which it sought to ask that question, and obtaining an adverse ruling from the trial court. 767 S.W.2d at 708.

Hill’s sexual history was part of the State’s proof of his alleged behavioral abnormality, yet the trial court refused questioning that went to the potential jurors’ ability to give him a fair trial. This prevented Hill from discovering the potential jurors’ biases so as to strike them for cause or intelligently use peremptory challenges. See Tex. Gov’t Code § 62.105(4) (naming “bias or prejudice ... against a party in [a] case” as grounds for disqualifying a juror).

Babcock was a medical malpractice case in which the plaintiff attempted to ask the venire panel whether the “liability insurance crisis” recently in the news had resulted in improper bias in any of the jurors. Babcock, 767 S.W.2d at 706-07. The trial court repeatedly denied requests to ask such questions. Id. at 707-08. We held that, while the facts of the lawsuit crisis would not be evidence at trial, the media coverage surrounding the crisis “ha[d] unquestionably created the potential for bias and prejudice,” and, therefore, the plaintiff should have been permitted to ask questions delving into that potential bias. Id. at 708. We further held that the trial court abused its discretion by forbidding those questions, and error was preserved. Id. at 709. We reversed and remanded for a new trial. Id.

The court of appeals did not reach the abuse of discretion issue because it held that Hill' failed to preseiwe error. 308 S.W.3d at 471. However, the questions Hill asked were proper, and there was no need for him to rephrase because there were no defects for him to cure. Moreover, he made clear why he was entitled to ask the requested questions. The court instead ordered him to ask a question that did not address the issue of juror bias and then directed him to “move on” without asking any further questions on the topic. But the candid admissions of bias by the potential jurors, before the trial court suspended that line of questioning, establish both the propriety of the question and the trial court’s abuse in denying Hill the right to ask it. As such, error was preserved. Babcock, 767 S.W.2d at 708; Vasquez, 189 S.W.3d at 758 (holding that a trial court “may not foreclose a proper line of questioning” where “the actual questions posed are proper”).

The trial court rejected the second line of inquiry as improper commitment questions. This ruling was incorrect, however, because the “commitment” that the potential jurors were asked to make was legislatively mandated: they were asked whether they would require the state to prove both elements of a conjunctive statute. See Tex. Health & Safety Code § 841.003. Jurors swear an oath to render “a true verdict ... according to the law ... and to the evidence.” Tex.R. Civ. P. 236. Implicit in that oath is a commit[*230] ment to follow the law the Legislature enacted, and a party participating in jury selection may solicit from potential jurors that promise, essential to the empaneling of a fair jury. See, e.g., Wainwright v. Witt, 469 U.S. 412, 419-20, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985) (recognizing, in a criminal case, that jurors may be asked to commit to follow law and statute); see also Edmonson v. Leesville Concrete Co., Inc., 500 U.S. 614, 630, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991) (“Civil juries, no less than their criminal counterparts, must follow the law and act as impartial factfin-ders.”). The trial court thus abused its discretion by refusing to permit the line of questioning. Hill preserved error by asking a proper question and receiving a direct ruling rejecting it. See Vasquez, 189 S.W.3d at 758 (to preserve error, a party must “adequately apprise the trial court of the nature of the inquiry” (quotations omitted)); Babcock, 767 S.W.2d at 708 (holding that a refusal to allow a question is an implicit ruling on a request to ask that question).

The trial court abused its discretion in rejecting these two lines of permissible questioning. Accordingly, without hearing oral argument, we grant the petition for review, reverse the court of appeals’ judgment, and remand the case to the trial court for a new trial. Tex.R.App. P. 59.1, 60.2(d).