Court of Criminal Appeals of Texas
Raymond Reese, Appellant v. the State of Texas
December 6, 20002000 Tex. Crim. App. LEXIS 108
Summary
The Court held that the trial court abused its discretion by admitting a color photograph of the victim and her unborn child, finding it substantially more prejudicial than probative, and therefore vacated the death sentence and remanded for a new punishment hearing. It affirmed the capital murder conviction and found the evidence sufficient to support the future dangerousness special issue. Two dissenting opinions argued that the photograph was relevant and not unfairly prejudicial. The decision clarifies the application of Rule 403 in the punishment phase of capital cases.