Powell v. State

in which MEYERS, PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

In this case, we find that the Court of Appeals failed to give proper deference to a trial court’s ruling under Texas Rule of Evidence 403. Consequently, we reverse the appellate court’s judgment.

I. BACKGROUND

A. Trial

Appellant was charged with evading arrest or detention in a motor vehicle. In an opening statement made before the State’s case-in-chief, defense counsel stated that appellant’s defense would be that he was not the person who evaded detention that day:

What has happened, you will hear, without…