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· 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 CourtListener

Sourced 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.