Hayes v. State

OPINION

in which MEYERS, PRICE, WOMACK, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

In Tate v. State, we decided that Tex.R. Evid. 404(b) allowed a defendant claiming self-defense in a murder prosecution to present evidence of the deceased’s prior threat against him. We found this evidence had noncharacter conformity relevance supporting the defendant’s self-defense claim that the deceased was the first aggressor at the time of the offense. See Tate v. State, 981 S.W.2d 189, 193 (Tex.Cr. App.1998). In this case, we are asked to decide if our decision in Tate applies even when the deceased’s…