Legal Opinion

Casey v. State

Court of Criminal Appeals of Texas

Decided February 28, 2007No. PD-0548-05PublishedCited by 789 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HolcombHolcomb, J.

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

Appellant David Wayne Casey was charged with aggravated sexual assault under Texas Penal Code § 22.021(a)(l)(A)(i), (2)(A)(vi) (Vernon Supp.2006). He was tried before a jury and convicted of the lesser offense of sexual assault. The Third Court of Appeals reversed appellant’s conviction, holding that twenty-four photographs admitted over objection were offered merely to show appellant’s propensity to commit crimes and were unfairly prejudicial. Casey v. State, 160 S.W.3d 218, 226-28 (Tex.…

3Cases cited25 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  3. Old Chief v. United StatesSupreme Court of the United States · 1997
  4. Santellan v. StateCourt of Criminal Appeals of Texas · 1997
  5. Johnson v. StateCourt of Criminal Appeals of Texas · 2002

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4Cited by789 opinions

  1. Davis v. StateCourt of Criminal Appeals of Texas · 2010
  2. Layton v. StateCourt of Criminal Appeals of Texas · 2009
  3. Hernandez v. StateCourt of Criminal Appeals of Texas · 2012
  4. Turner v. State, Texas Court of Appeals, 14th District (Houston)2008
  5. Cueva v. State, Texas Court of Appeals, 13th District2011

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