Fischer v. State

DISSENTING OPINION TO DENIAL OF EN BANC CONSIDERATION

STEVEN C. HILBIG, Justice.

The panel reverses Robert Fischer’s murder conviction because it concludes the trial court abused its discretion in admitting testimony and the error affected Fischer’s substantial rights. I believe the panel errs in considering the challenged evidence as “extraneous offense” evidence and improperly analyzes harm. I therefore requested en banc consideration of this appeal. A majority of the court has voted to deny en banc consideration. I dissent from that decision.

Background

A jury found Fischer guilty of murdering…