Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of June 12, 2006

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

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Allen v. State, No. 02-0004-358 (June 15, 2006) (Gardner, J., joined by Holman, J.; Livingston, J., concurs with opinion).

Held: Trial court erred by admitting evidence of extraneous offense, over Appellant’s objection that State failed to provide notice of intent to prove up offense, but error was harmless because the evidence did not have a substantial influence on the jury’s verdict. Trial court did not err by denying Appellant’s motion for mistrial after a police Detective gave inadmissible hearsay testimony; the testimony was trivial compared to other evidence of Appellant’s guilt.

Concurrence: The Detective’s statement was not hearsay because the State offered the statement to show how the Detective’s investigation was proceeding.

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Updated: 14-Sep-2006