Opinion

Montgomery v. State

  • 810 S.W.2d 372
  • 1991 Tex. Crim. App. LEXIS 146
  • 1990 WL 70660
Court
Court of Criminal Appeals of Texas
Filed
Jun 19, 1991
Status
Published
Author
Teague
On the bench
Teague, Clinton, Berchelman, McCormick, White, Campbell
Cited by
6,973 cases
Authority
More cited than 13.2%

Declined to follow by a later decision (1995)

stating that appellate deference to Rule 403 determination “is a rule of judicial restraint, intended . . . to avoid the anomaly of having appellate courts usurp a function that the system assigns to the trial courts” and grants trial judges “considerable freedom in evaluating proffered evidence’s probative value in relation to its prejudicial effect”

How later courts described this case

  • stating that appellate deference to Rule 403 determination “is a rule of judicial restraint, intended . . . to avoid the anomaly of having appellate courts usurp a function that the system assigns to the trial courts” and grants trial judges “considerable freedom in evaluating proffered evidence’s probative value in relation to its prejudicial effect”
  • holding that trial court abused its discretion in concluding that the probative value outweighed prejudice and admitting evidence that “appellant frequently walked around naked, with an erection, in the presence of his children” in prosecution of the appellant for indecency with a child
  • concluding that appellant’s instructions to victims “not to reveal the event to anyone shows a consciousness of wrongdoing which in turn leads to an inference that when he touched the children as he did, appellant harbored a specific intent to arouse and gratify his own sexual desire”
  • stating that "[w]hen the proponent has other compelling or undisputed evidence to establish the proposition or fact that the extraneous misconduct goes to prove, the misconduct evidence will weigh far less than it otherwise might in the probative-versus-prejudicial balance"

Written by the judges who cited it.

Later courts went against this

  • Declined to follow by a later decision (1995)

    Therefore, we decline to adopt the Montgomery test in civil cases.
    Texas Court of Appeals, 3rd District (Austin)May 3, 1995Read it

Distinguished

  • Distinguished by Charles Bunton v. State (2004)

    Montgomery is distinguishable from the instant case.
    Texas Court of Appeals, 3rd District (Austin)May 13, 2004Read it
  • Distinguished by Powell v. State, 2001 Tex. Crim. App. LEXIS 117 (2001)

    Nothing in Montgomery indicates that its admissibility analysis is inapplicable if a defensive theory is raised in a defendant’s opening statement.
    Court of Criminal Appeals of TexasNov 28, 2001Read it
  • Distinguished by Harrell v. State, 1994 Tex. Crim. App. LEXIS 104 (1994)

    ” Id. at 391. Montgomery is distinguishable because it does not concern quantum of proof, and nothing in Montgomery abolishes the requirement of a quantum of proof regarding extraneous offenses.
    Court of Criminal Appeals of TexasSep 21, 1994Read it

The opinion

TEAGUE, Judge,

dissenting.

Believing that the majority opinion does nothing less than to make the waters of extraneous offenses murkier than ever before in the history of this State’s criminal jurisprudence on the subject, I respectfully dissent. Also see Boutwell v. State, 719 S.W.2d 164, 187 (Tex.Cr.App.1985) (Teague, J., concurring opinion); Robinson v. State, 701 S.W.2d 895, 901 (Tex.Cr.App.1985) (Clinton, J., opinion joining the judgment of the Court); and Morrow v. State, 735 S.W.2d 907, 908 (Tex.App.—Houston [14th Dist.] 1987).

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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