(DOWNLOAD) "Russell V. State" by Texas Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Russell V. State
- Author : Texas Court of Appeals
- Release Date : January 17, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
A jury convicted Appellant Carlis Jovonite Russell of capital murder and assessed his punishment at life imprisonment. The primary issue we address in this appeal is whether the trial court abused its discretion by admitting testimony and detailed evidence regarding an extraneous offense, the Vogt Street offense, during the State's case-in-chief. The Vogt Street offense was arguably relevant to prove intent, but its prejudicial effect greatly outweighed its probative value. Accordingly, the trial court abused its discretion by admitting the Vogt Street offense during the State's case-in-chief over the defense's Rule 403 objection. See Tex. R. Evid. 403. Because we conclude that the admission of this extraneous offense affected Russell's substantial rights, we reverse the trial court's judgment and remand this case for a new trial.
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