Court of Criminal Appeals of Texas

Ty Wayne Johnston, Appellant v. the State of Texas

September 15, 20042004 Tex. Crim. App. LEXIS 1478

Summary

The Court held that the photographs of Autumn's bruises were not relevant under Texas Rule of Evidence 404(b) for identity or to rebut a mistake defense, but any error in admitting them was harmless, so the conviction was affirmed. Justice Johnson, concurring in part and dissenting in part, argued the case should have been remanded for a harmless error analysis.