Dietz v. State

OPINION

Opinion by

ALMA L. LÓPEZ, Chief Justice.

Richard Dietz was convicted by a jury of assault. On appeal, he asserts that the trial court erred in precluding him from presenting a complete defense. Specifically, Richard contends that the trial court should have permitted him to question witnesses regarding Christine’s habitual response to arguments. We sustain the point of error, reverse the trial court’s judgment, and remand the cause to the trial court for a new trial.

Background

On November 25, 2001, Christine and Richard Dietz had a barbecue at their home. Both had been drinking. Around…