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 twelve photographs of Autumn's bruises were inadmissible under Texas Rule of Evidence 404(b) because they were not relevant to any permissible purpose, but any error resulting from their admission was harmless, and therefore affirmed the judgment of the Court of Appeals. The Court also noted that the error did not affect the conviction. Justice Johnson, concurring in part and dissenting in part, argued that the case should have been remanded for a harmless error analysis. The decision resolves two issues: the admissibility of the photographs and the harmlessness of the error.