Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 17, 2017.

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.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Ellis v. State, No. 02-16-00144-CR (Apr. 20, 2017) (Sudderth, J., joined by Livingston, C.J., and Walker, J.).

Held:  The trial court did not abuse its discretion in admitting evidence of text messages that had been purportedly sent by decedent on his phone after his body had been found.  Testimony showed that the messages could not be directly downloaded from the “burner” phone and therefore the exhibits containing accurate, manually-replicated text messages were admissible as “other evidence” in accordance with the best evidence rule.  Tex. R. Evid. 1004(b).  As they were not offered for the truth of the matter asserted therein, these text messages were not subject to hearsay bar.  Tex. R. Evid. 801.