Court of Criminal Appeals of Texas

Joe Dale Johnson v. the State of Texas

May 25, 20162016 Tex. Crim. App. LEXIS 83

Summary

The Court reversed the Court of Appeals, holding that the trial judge erred by excluding evidence of the victim’s past sexual abuse of his sister, which was admissible under Texas Rule of Evidence 412 and the Sixth Amendment Confrontation Clause. The case was remanded for a harm analysis under Texas Rule of Appellate Procedure 44.2(a). The dissent argued that the evidence should have been excluded and that the majority misapplied the standard of review.