Jerry T. Smith, Appellant v. the State of Texas

Summary

The Court held that Texas Code of Criminal Procedure Article 38.36(a) does not abrogate the Texas Rules of Evidence 404(b) and 403; evidence admissible under Article 38.36(a) may still be excluded under those rules, and trial courts must first find a non‑character‑conformity purpose relevant to a material issue and then apply the Rule 403 balancing test. The Court vacated the Court of Appeals' judgment and remanded for proceedings consistent with this holding. Justice McCORMICK dissented, arguing the majority creates an inconsistency that does not exist, and Justice KELLER filed a partial concurrence/dissent expressing concern over the proper construction of the statute.