Court of Criminal Appeals of Texas

Christopher Michael Tate, Appellant v. the State of Texas

December 9, 19981998 Tex. Crim. App. LEXIS 168

Summary

The Court of Criminal Appeals held that the trial court erred in excluding the aunt's testimony about the victim's prior threat because such evidence is admissible under Texas Rule of Criminal Evidence 404(b) for purposes other than character, such as showing motive or intent. Accordingly, the Court reversed the Court of Appeals' judgment and remanded for a proper harm analysis. Two concurring judges agreed with the reversal but offered differing reasoning on the appropriate remand instructions.