Opinion

Drew v. State

  • 777 S.W.2d 74
  • 1989 Tex. Crim. App. LEXIS 138
  • 1989 WL 65808
Court
Court of Criminal Appeals of Texas
Filed
Jun 21, 1989
Status
Published
Author
Miller
On the bench
Clinton, Teague, Miller, Campbell, Duncan, White, Berchelmann
Cited by
16 cases

in case in which defendant had applied for probation, following rule cited in Murphy to hold unadjudicated extraneous offense improperly admitted, and also holding defendant did not open door to its admission by then rebutting same with psychologist’s testimony that he was suitable for probation

How later courts described this case

  • in case in which defendant had applied for probation, following rule cited in Murphy to hold unadjudicated extraneous offense improperly admitted, and also holding defendant did not open door to its admission by then rebutting same with psychologist’s testimony that he was suitable for probation
  • defendant does not “open the door” to extraneous conduct evidence admitted before defendant gave evidence that would otherwise “open the door”
  • all involving admission of extraneous-offense evidence

Written by the judges who cited it.

The opinion

TEAGUE and MILLER, JJ.,

concur in the result only, and would follow the rationale of Judge MILLER’S opinion on original submission in Murphy v. State, 111 S.W.2d 44 (Tex.Cr.App. opinion on rehearing delivered this day).

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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