Court of Criminal Appeals of Texas, 1991

The court reversed the court of appeals’ judgment and remanded for that court to complete its independent review of the record under the procedures governing frivolous appeals. It held that trial counsel’s failure to object to evidence of a second drug transaction was a reasonable strategic choice, and that neither…

On rehearing, the court held that the trial court abused its discretion by admitting evidence that the defendant walked nude with an erection in front of his daughters: although the evidence was relevant to intent apart from character conformity, its probative value was substantially outweighed by the danger of unfair…