may consider several factors (Texas) · Go Syfert
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may consider several factors in Texas

34 Texas opinions name it 2 courts 1992–2025 4 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Gallo v. Stategreen
texcrimapp · 2007 · cited in 7 Texas opinions naming this issue, 2013–2023
2 sentences

2023“A court may consider several factors in determining whether the probative value of photographs is substantially outweighed by the danger of unfair prejudice, including, “but are not limited to: the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, and - 12 - 04-22-00243-CR whether the body depicted is naked or clothed.” Id.

2014THUESEN - 54 prejudicial.62 However, otherwise relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.63 A court may consider several factors in determining whether the probative value of photographs is substantially outweighed by the danger of unfair prejudice, including, but not limited to: the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, and whether the body depicted is naked or clothed.64 The availability of other means of proof

27
Young v. Stategreen
texcrimapp · 2009 · cited in 3 Texas opinions naming this issue, 2015–2018
2 sentences

2018See Young, 283 S.W.3d at 875 .

2015Young, 283 S.W.3d at 874 .

23
Williams v. Stategreen
texcrimapp · 2009 · cited in 3 Texas opinions naming this issue, 2014–2015
2 sentences

2015In determining whether the probative value of a photograph is substantially outweighed by the danger of unfair prejudice, a court may consider several factors, including "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are in color or black-and-white, whether they are close-up, whether the body depicted is clothed or naked, the availability of other means of proof, and other circumstances unique to the individual case." Williams v. State, 301 S.W.3d 675, 690 (Tex. Crim.

2014In determining whether the probative value of a photograph is substantially outweighed by the danger of unfair prejudice, a court may consider several factors, including “the number of exhibits offered, their gruesomeness, their detail, their size, whether they are in color or black-and-white, whether they are close-up, whether the body depicted is clothed or naked, the availability of other means of proof, and other circumstances unique to the individual case.” Williams v. State, 301 S.W.3d 675, 690 (Tex. Crim.

23
Holley v. Adamsgreen
tex · 1976 · cited in 3 Texas opinions naming this issue, 2012–2012
2 sentences

2012Holley v. Adams, 544 S.W.2d 367, 371-72 (Tex.1976); In re U.P., 105 S.W.3d at 230 .

2012Holley v. Adams, 544 S.W.2d 367 , 371–72 (Tex. 1976); In re U.P., 105 S.W.3d at 230 .

23
Williams v. Stategreen
texcrimapp · 1997 · cited in 9 Texas opinions naming this issue, 2002–2023
2 sentences

2023“A court may consider several factors in determining whether the probative value of photographs is substantially outweighed by the danger of unfair prejudice.” Williams v. State, 958 S.W.2d 186, 196 (Tex. Crim.

2015Id.

19
Helena Chemical Co. v. Wilkinsgreen
tex · 2001 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025Co. v. Wilkins, 47 S.W.3d 486, 493 (Tex. 2001).

11
Reese v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Hayes, 85 S.W.3d 815 ; Garcia, 630 S.W.3d at 269; see also Reese v. State, 33 S.W.3d 238, 241 (Tex. Crim.

11
Hayes v. Stategreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005Hayes v. State , 85 S.W.3d 809, 815 (Tex. Crim.

11
Green v. Stategreen
texcrimapp · 1992 · cited in 1 Texas opinions naming this issue, 1992–1992
1 sentence

1992Green v. State, 840 S.W.2d 394, 410 (Tex.Cr.App.1992), (and cases cited therein.) As we noted in Long, supra (quoting from Green, supra): A court may consider several factors in determining whether the probative value of evidence is substantially outweighed by the danger of unfair prejudice.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
In Re UP green
texapp · 2003
2 sentences

2012Holley v. Adams, 544 S.W.2d 367, 371-72 (Tex.1976); In re U.P., 105 S.W.3d at 230 .

2012Holley v. Adams, 544 S.W.2d 367 , 371–72 (Tex. 1976); In re U.P., 105 S.W.3d at 230 .

32012–2012
Calloway v. State green
texcrimapp · 1988
2 sentences

2008Calloway , 743 S.W.2d at 651 .

2008Callo-way, 743 S.W.2d at 651 .

32008–2008
In Re ABP green
texapp · 2009
1 sentence

2016In re A.B.P., 291 S.W.3d at 98 (citing factors).

12016–2016
Burrow v. Arce green
tex · 1999
1 sentence

2015Id.

12015–2015
Landrian v. State green
texcrimapp · 2008
1 sentence

2014PENAL CODE ANN . § 19.03(a)(7). 67 See, e.g., Landrian v. State, 268 S.W.3d 532 , 537 n.27 (Tex. Crim.

12014–2014
Long v. State green
texcrimapp · 1991
1 sentence

1992Green v. State, 840 S.W.2d 394, 410 (Tex.Cr.App.1992), (and cases cited therein.) As we noted in Long, supra (quoting from Green, supra): A court may consider several factors in determining whether the probative value of evidence is substantially outweighed by the danger of unfair prejudice.

11992–1992

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (6) TX § Tex. Fam. Code § 101.007 (3) TX § Tex. Fam. Code § 161.001 (3) TX § Tex. Penal Code § 1.07 (3) TX § Tex. Penal Code § 16.06 (3) TX § Tex. Penal Code § 22.01 (3) USC § 10u.s.c.808 (3) USC § 10u.s.c.885 (3) USC § 18u.s.c.1385 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 40 (2014–2023) TX 34 (1992–2025) OH 17 (2001–2022) CO 7 (2000–2024) CT 7 (2000–2000) WA 4 (2011–2024) NY 4 (1998–2022) IN 3 (2005–2017) FL 3 (2010–2013) CA 3 (1996–2026) LA 2 (2011–2013) ME 2 (2017–2017) AZ 2 (2017–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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