Haley v. State

KELLER, P.J.,

filed a concurring opinion.

Although I agree with the Court’s disposition, I am not in complete accord with its reasoning. I discuss the points of departure below.

1. Extraneous Bad Acts Evidence

I agree that we are permitted to reach the merits of the State’s argument, but I do so for a simpler reason: the party that prevailed at trial should never be required to advance an argument before the Court of Appeals as a predicate for raising that argument on discretionary review. This conclusion is consistent with the view that I articulated in Alonzo v. State1 with regard to…