Opinion

Pondexter v. State

  • 942 S.W.2d 577
  • 1996 Tex. Crim. App. LEXIS 213
  • 1996 WL 591110
Court
Court of Criminal Appeals of Texas
Filed
Oct 16, 1996
Status
Published
Author
Baird
On the bench
Baird, Clinton, Keller, Mansfield, McCormick, Overstreet, White
Cited by
326 cases
Authority
More cited than 7.7%

holding that evidence of gang affiliation had been introduced for the sole purpose of showing the defendant’s bad character

How later courts described this case

  • holding that evidence of gang affiliation had been introduced for the sole purpose of showing the defendant’s bad character
  • finding that A[h]ad the State put on its case without . . . appellant=s connection with gangs, the jury surely would have had no problems following and understanding the sequence of events of the night of the murder@
  • finding that “[h]ad the State put on its case without ... appellant’s connection with gangs, the jury surely would have had no problems following and understanding the sequence of events of the night of the murder”
  • holding that appellant is entitled to prosecutor's voir dire notes if they were actually used by prosecutor to refresh his memory

Written by the judges who cited it.

Distinguished

  • Distinguished by Perry Wayne Russell v. State (2009)

    Russell argues that Pondexter is distinguishable and points out that the arresting
    Texas Court of Appeals, 9th District (Beaumont)May 13, 2009Read it

The opinion

BAIRD, J.,

concurs: I concur in the resolution of point of error eleven, believing the error was cured when the same evidence was admitted through other sources. I disagree with the treatment of points of error nineteen, twenty and twenty-one for the reasons stated in Morris v. State, 940 S.W.2d 610, 616 (Baird, J., dissenting). I join the remainder of the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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