Court of Criminal Appeals of Texas
David Walter Hughes, Appellant v. the State of Texas
June 16, 19991999 Tex. Crim. App. LEXIS 82
Summary
The Court of Criminal Appeals held that the trial court abused its discretion under Rule 403 by admitting the State's own witness's prior inconsistent statements for impeachment when the primary purpose was to introduce otherwise inadmissible hearsay, and therefore reversed the Court of Appeals' judgment and remanded for a harm analysis. The majority emphasized that Rule 607 permits impeachment but the probative value must be weighed against prejudice under Rule 403. A dissent argued that the statements were admissible under hearsay exceptions and would have affirmed the lower court's decision.