Pollard v. State

OPINION

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

We granted discretionary review in this case to address whether the “victim’s knowledge of [appellant’s] violent past” was relevant in this retaliation-by-threat case. 1 We decide that this evidence was not relevant.

Appellant was convicted of retaliation by “intentionally or knowingly” threatening to hurt his much younger friend (Kirk) on account of Kirk’s service “as a prospective witness.” The evidence shows that appellant was indicted for aggravated sexual assault of a fourteen-year-old girl.…