Use this button to switch between dark and light mode.

Share your feedback on this Case Brief

Thank You For Submiting Feedback!

  • Law School Case Brief

Harrell v. State - 884 S.W.2d 154 (Tex. Crim. App. 1994)

Rule:

The court requires that juries be instructed not to consider extraneous offense evidence unless they believe beyond a reasonable doubt that the defendant committed such offense.

Facts:

A jury convicted appellant Wesley Harrell of engaging in organized criminal activity. At trial, appellee State of Texas introduced an exhibit of a ledger that allegedly showed appellant's name and purchases of cocaine. Appellant objected to the admission of the appellee’s exhibit claiming that it was an extraneous offense that the latter had the burden of proving beyond a reasonable doubt. After appeals and remands, the court of appeals affirmed appellant's conviction. Appellant sought review of a judgment affirming his conviction for engaging in organized criminal activity in violation of Tex. Penal Code Ann. § 71.02(a)(5).

Issue:

Was the appellant’s guilt proven beyond reasonable doubt?

Answer:

No.

Conclusion:

The court reversed the judgment because appellee was required to prove beyond a reasonable doubt that appellant committed an extraneous offense. The Court of Criminal Appeals then granted appellant's petition for discretionary review to determine, for purposes of admissibility, the standard of proof applicable to the state in proving the defendant committed an extraneous offense. The appellee argued that preponderance of the evidence was the standard. Neither the federal nor Texas rules of evidence specified what quantum of proof governed admissibility when the relevancy of the evidence was contingent upon the fulfillment of a conditional fact under Tex. R. Evid. 104(b). However, the court declined to follow case law holding that the standard was preponderance of evidence. As the court ruled that the proper standard of proof in admitting extraneous evidence was "clear proof" which was the same as proof beyond a reasonable doubt.

Access the full text case

Essential Class Preparation Skills

  • How to Answer Your Professor's Questions
  • How to Brief a Case
  • Don't Miss Important Points of Law with BARBRI Outlines (Login Required)

Essential Class Resources

  • CivPro
  • Contracts
  • Constitutional Law
  • Corporations /Business Organizations
  • Criminal Law
  • Criminal Procedure/Investigation
  • Evidence
  • Legal Ethics/Professional Responsibility
  • Property
  • Secured Transactions
  • Torts
  • Trusts & Estates