# Barefoot v. State

> Court of Criminal Appeals of Texas · March 12, 1980 · 596 S.W.2d 875

URL: https://www.frixlaw.com/law-library/cases/9643776

## Case

- **Full name:** Thomas A. BAREFOOT AKA Darren Callier, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 12, 1980
- **Citations:** 596 S.W.2d 875; 1980 Tex. Crim. App. LEXIS 1139
- **Precedential status:** Published
- **Opinion:** Dissent by Clinton
- **Judges:** Dally, Clinton, Roberts, Phillips
- **Cited by:** 95 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9643776

## How later opinions describe it (automated extraction)

- concluding that prospective juror was not challengeable for cause on basis that he could not give minimum punishment in murder case when, after rehabilitation by State, juror stated that he “could consider the minimum punishment in a proper case”

## Opinion text

CLINTON, Judge,
dissenting in part.
To the overruling of the twelve ground's of error concerning admission of evidence showing commission of extraneous offenses in New Mexico, I respectfully dissent. The Court appears to recognize other proof made by the State and to acknowledge that it showed appellant killed Levin from a more immediate, localized motivation. Given the obvious prejudicial impact of the extraneous New Mexico offenses, I cannot agree that we may tolerate it on the double, negative theory that existence of other motives for killing Levin “does not mean that he was not motivated by a desire to avoid his return to New- Mexico.” It seems clear to me that this is the classic case where slight probative value is far outweighed by heavy prejudice.
PHILLIPS, J., joins.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9643776. Public record. Not legal advice.