Hayden v. State

OPINION

in which KELLER, P.J., MEYERS, WOMACK, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

During the punishment phase of Deres-key Lashawn Hayden’s trial, the judge excluded evidence that the victim was a registered sex offender. The court of appeals held that the judge did not abuse her discretion because the evidence encouraged jurors to measure the victim’s worth compared to other members of society. 1 We affirm the court of appeals’s judgment and also hold that the evidence was inadmissible rebuttal evidence.

Background

A community of homeless people lived under a freeway overpass…