Court of Criminal Appeals of Texas
Taneesha Monique Sims, Appellant v. the State of Texas
July 2, 20082008 Tex. Crim. App. LEXIS 820
Summary
The Court affirmed the trial court’s admission of Officer Terry’s opinion testimony that the appellant was untruthful, finding that both character opinion evidence and extraneous‑offense evidence are admissible during the punishment phase under Article 37.07, even when the opinion is based on a single encounter.
Holding
- Whether character evidence in the form of opinion testimony, based on a single extraneous encounter, is admissible at the punishment phase under Article 37.07.. Such character opinion testimony is admissible at the punishment phase, even when based on a single encounter that constitutes an extraneous offense.
- Whether extraneous‑offense evidence may be combined with character opinion testimony at the punishment phase.. Extraneous‑offense evidence and character opinion testimony may be admitted together during the punishment phase.
Docket PD-1575-07
Cited authorities
- Rule 404(a)
- Rule 404(a)
- Rule 404(b)
- Rule 404(c) of the Texas Rules of Evidence
- Rule 404(c)
- Rule 401 of the Texas Rules of Evidence
Cited by
- Michael Jason Tucker, Appellant v. the State of Texas, Appellee
- Michael Jason Tucker, Appellant v. the State of Texas, Appellee — Alvarez, J., Dissenting
- Clinton Ray Sanders, Appellant v. the State of Texas, State
- Mosier v. Director, Tdcj-Cid
- Billy R. Higginbotham, Jr., Appellant v. the State of Texas, Appellee
- Roderick Beham, Appellant v. the State of Texas, Appellee
- Michael Jason Tucker v. State
- Michael Jason Tucker, Appellant v. the State of Texas, Appellee