NCJ Number
7672
Journal
Texas Law Review Volume: 50 Issue: 7 Dated: (NOVEMBER 1972) Pages: 1409-1427
Date Published
1972
Length
19 pages
Annotation
REVIEW OF RECENT TEXAS CASES INVOLVING THE ADMISSIBILITY OF EVIDENCE REGARDING CRIMES OTHER THAN THOSE BEING TRIED.
Abstract
THIS ARTICLE PROPOSES A THREE-STEP TEST FOR DETERMINING WHEN EVIDENCE OF EXTRINSIC OFFENSES SHOULD BE EXCLUDED. FIRST, THE COURT SHOULD EXCLUDE EVIDENCE OF EXTRINSIC OFFENSES IF NONE OF THE TRADITIONAL MATERIAL FACTS ARE IN ISSUE. SECOND, IT SHOULD EXCLUDE EVIDENCE OF EXTRINSIC OFFENSES IF THE EVIDENCE IS NOT RELEVANT TO A MATERIAL FACT. FINALLY, EVEN IF AN EXTRINSIC OFFENSE IS RELEVANT TO A MATERIAL FACT IN ISSUE, IT SHOULD BE EXCLUDED IF ITS PREJUDICIAL EFFECT EXCEEDS ITS PROBATIVE VALUE, OR, AS ONE COURT PUT IT, WHERE THE MINUTE PEG OF RELEVANCE WILL BE ENTIRELY OBSCURED BY THE DIRTY LINEN HUNG ON IT.