PLAINTIFF’S TRIAL BRIEF REGARDING ADMISSIBILITY OF CRIMINAL CONVICTIONS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Plaintiff Lauren Coon, who makes and files this Trial Brief regarding the admissibility of Stanley’s criminal convictions, and will respectfully show the court the following:
1.
Under rule 404 of the Texas Rules of evidence, “a party accused of conduct involving moral turpitude may offer evidence of the party’s pertinent trait, and if the evidence is admitted, the accusing party may offer evidence to rebut it.” TEX. R. EVID. 404(a)(2)(B). Opposing counsel’s may ask “have you heard” or “were you aware” about specific instances of misconduct inconsistent with the character trait brought into issue by the defendant as rebuttal …show more content…
Allen v. State, 218 S.W.3d 905, 910 (Tex. App.—Beaumont 2006, no pet.). For example, if a witness testifies to a defendant’s “good character,” the State may inquire about the witness’s knowledge of prior acts tending to contradict that opinion. Id. (holding defendant’s violation of a protective order and assault were relevant to the witness’s good character opinion). Such an inquiry is not necessarily limited to direct examination, and a defendant may open the door to prior felony convictions during cross-examination. See Williams v. State, No. 04-02-00013-CR, 2003 Tex. App. LEXIS 2489, at *8-9 (Tex. App.—San Antonio Mar. 26, 2003, pet. ref’d) (not designated for publication) (finding that counsel’s cross-examination question about defendant’s reputation for honesty on the job opened the door to prior felony convictions but did not rise to the level of ineffective assistance of …show more content…
Bay Area Healthcare Group, Ltd. v. McShane, 239 S.W.3d 231, 234 (Tex. 2007) (quoting W. Jeremy Counseller & Charles D. Brown, HANDBOOK OF TEXAS EVIDENCE § 401.03 (2005)). For example, if a witness creates a false impression of law-abiding behavior, he opens the on otherwise irrelevant past criminal history to correct the false impression of no prior wrongdoing. Grant v. State, 247 S.W.3d 360 (Tex. App.—Austin 2008, pet. ref’d). See also Martinez v. State, No. 11-13-00017-CR, 2014 Tex. App. LEXIS 8655 (Tex. App.—Eastland Aug. 7, 2014, no pet.) (mem. op., not designated for publication) (holding that defendant opened the door to his 19 year-old conviction of theft by check by testifying he was not a thief). Similarly, if the unchallenged testimony will result in an “incorrect perception” in the jury’s mind, evidence of prior charges may be admissible. Reed v. Texas Dept. of Protective and Regulatory Services, No. 05-99-01529-CV, 2002 WL 244488 (Tex. App.—Dallas Feb. 21, 2002, no pet.) (holding that the defendant in a parental rights termination case “opened the door” to prior criminal charges—not convictions—by testifying that a minor’s family had no problem with the illegal
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Plaintiff Lauren Coon, who makes and files this Trial Brief regarding the admissibility of Stanley’s criminal convictions, and will respectfully show the court the following:
1.
Under rule 404 of the Texas Rules of evidence, “a party accused of conduct involving moral turpitude may offer evidence of the party’s pertinent trait, and if the evidence is admitted, the accusing party may offer evidence to rebut it.” TEX. R. EVID. 404(a)(2)(B). Opposing counsel’s may ask “have you heard” or “were you aware” about specific instances of misconduct inconsistent with the character trait brought into issue by the defendant as rebuttal …show more content…
Allen v. State, 218 S.W.3d 905, 910 (Tex. App.—Beaumont 2006, no pet.). For example, if a witness testifies to a defendant’s “good character,” the State may inquire about the witness’s knowledge of prior acts tending to contradict that opinion. Id. (holding defendant’s violation of a protective order and assault were relevant to the witness’s good character opinion). Such an inquiry is not necessarily limited to direct examination, and a defendant may open the door to prior felony convictions during cross-examination. See Williams v. State, No. 04-02-00013-CR, 2003 Tex. App. LEXIS 2489, at *8-9 (Tex. App.—San Antonio Mar. 26, 2003, pet. ref’d) (not designated for publication) (finding that counsel’s cross-examination question about defendant’s reputation for honesty on the job opened the door to prior felony convictions but did not rise to the level of ineffective assistance of …show more content…
Bay Area Healthcare Group, Ltd. v. McShane, 239 S.W.3d 231, 234 (Tex. 2007) (quoting W. Jeremy Counseller & Charles D. Brown, HANDBOOK OF TEXAS EVIDENCE § 401.03 (2005)). For example, if a witness creates a false impression of law-abiding behavior, he opens the on otherwise irrelevant past criminal history to correct the false impression of no prior wrongdoing. Grant v. State, 247 S.W.3d 360 (Tex. App.—Austin 2008, pet. ref’d). See also Martinez v. State, No. 11-13-00017-CR, 2014 Tex. App. LEXIS 8655 (Tex. App.—Eastland Aug. 7, 2014, no pet.) (mem. op., not designated for publication) (holding that defendant opened the door to his 19 year-old conviction of theft by check by testifying he was not a thief). Similarly, if the unchallenged testimony will result in an “incorrect perception” in the jury’s mind, evidence of prior charges may be admissible. Reed v. Texas Dept. of Protective and Regulatory Services, No. 05-99-01529-CV, 2002 WL 244488 (Tex. App.—Dallas Feb. 21, 2002, no pet.) (holding that the defendant in a parental rights termination case “opened the door” to prior criminal charges—not convictions—by testifying that a minor’s family had no problem with the illegal