· 8/18/2016
Benjamin Robert Cain, III v. State
Citations
- 501 S.W.3d 172
- 2016 Tex. App. LEXIS 9032
- 2016 WL 4394605
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding the admission of hearsay evidence resulted in prejudicial error to Elliott and remanding for a new trial
- noting that, even if a hearsay statement is improperly admitted, if it is cumulative of other evidence it is not prejudicial
- noting that after a noncharacter theory is proffered, the court considers relevancy and the danger of unfair prejudice
- recognizing a way to demonstrate inadmissible evidence did not taint the jury is to establish overwhelming evidence of guilt
- noting that after a 11 noncharacter theory is proffered, the court considers relevancy and the danger of unfair prejudice
- explaining that while other evidentiary rulings are reviewed for an abuse of discretion because 5 admission of hearsay is presumed prejudicial review is for correction of errors at law
Source: CourtListener parenthetical corpus (CC0).
Judges: Morriss, Moseley, Burgess
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.