Court of Criminal Appeals of Texas

Troy A. Bowley, Appellant v. the State of Texas

May 5, 20102010 Tex. Crim. App. LEXIS 553

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals and affirmed the trial court’s judgment, holding that the trial judge was not required to give a jury instruction to disregard the prosecutor’s question about plea negotiations because the defendant’s own testimony opened the door to that inquiry. The court applied an abuse‑of‑discretion standard and concluded the evidence was admissible. Three dissenting opinions contest the majority’s view, arguing that Rule 410 should bar the question and that the case should be remanded or the conviction overturned.