Kevin Thompson v. the State of Texas

Summary

The Second Court of Appeals of Texas affirmed Kevin Thompson’s conviction for family-violence assault by impeding breath or blood. The court held that Thompson failed to preserve his Rule 403 complaint regarding testimony about extraneous acts of physical and mental abuse because he did not make a Rule 403 objection at trial and did not object each time the testimony was elicited. The court also concluded that additional unenumerated complaints were unpreserved and inadequately briefed.

Holdings

1. Thompson failed to preserve his complaint that testimony about his extraneous acts of physical and mental abuse should have been excluded under Rule 403 because he did not make a Rule 403 objection at trial, and his appellate complaint did not comport with the objections he made.
2. Even if Thompson had made a Rule 403 objection, he still would not have preserved error because he failed to object each time the State elicited testimony concerning his extraneous physical-abuse acts.
3. Thompson's additional complaints were not preserved and, independently, were inadequately briefed, so they presented nothing for appellate review.

Questions Presented

1. Whether Thompson preserved his complaint that the probative value of testimony concerning his extraneous physical and mental abuse was substantially outweighed by the danger of unfair prejudice under Texas Rule of Evidence 403.
2. Whether Thompson preserved his additional complaints concerning testimony by A.T.'s brother and boyfriend and cross-examination of A.T.

Disposition

affirmed