Texas Evidence

  1. What is relevant evidence?
    Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Rule 401
  2. Opinion testimony that is conclusory or speculative isn't relevant b/c it doesn't tend to make the existence of a material fact more or less probable.
    Coastal Transp. v. Crown Cent. Petroleum Corp., 136 S.W.3d 227 (Tex. 2004)
  3. Trial court properly excluded evidence that a post-accident drug screen showed meth in the driver's blood b/c expert couldn't tie the presence of meth in the driver's body to impairment at the time of the accident, and thus couldn't connect the presence of the drug to causation.
    Bedford v. Moore, 166 S.W.3d 454 (Tex. App. 2005)
  4. Evidence is relevant if it has any tendency to make the existence of a controverted proposition more probable than it would be without the evidence. In a charge of price fixing, evidence of D's previous concern w/ stabilization of prices in TX was relevant in that it made the proposition of price fixing in the present case more likely.
    Sims v. Dempsey-Tegler, 487 S.W.2d 824 (1972)
  5. Although relevant evidence is inherently prejudicial, only unfair prejudice that substantially outweights its probative value will permit exclusion of relevant matter. Factors indicating exclusion: substantial danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, cumulative.
    US v. McRae, 593 F.2d 700 (5th Cir. 1979), Lubbock Feed Lots v. Iowa Beef Processors, 640 F.2d 250 (5th Cir. 1980)
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