fourth and fifth factors in Texas

2024The fourth and fifth factors “both depend on the nature of a defendant’s defense and the means available to him of proving that defense.” Id.

2023The fourth and fifth factors “both depend on the nature of a defendant’s defense and the means available to him of proving that defense.” Id.

2024Gigliobianco, 210 S.W.3d at 641 .

2020See Gigliobianco, 210 S.W.3d at 641 .

2025See Holley, 544 S.W.2d at 371–72.

2024See Holley, 544 S.W.2d at 372 .

2015Guardian Royal Exchange Assurance Ltd. v. English China Clays, P.L.C., 815 S.W.2d 223 , 232 n. 17 (Tex.1991).

2010See Guardian Royal, 815 S.W.2d at 232 n.17 (“Since this is an international dispute and not a dispute between coequal sovereigns in our federal system, we need not consider the interstate judicial system’s interest in obtaining the most efficient resolution of controversies or the shared interest of the several states in furthering fundamental substantive social policies.”).

2011With regard to the fourth and fifth factors, “[w]e consider the importance of appellant’s testimony and of his credibility.” Martin v. State , 265 S.W.3d 435, 445 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (citing Theus , 845 S.W.2d at 881 ).

2010Importance of Testimony and Credibility “Finally, under the fourth and fifth factors, we consider the importance of appellant’s testimony and of his credibility.” Martin , 265 S.W.3d at 445 (citing Theus , 845 S.W.2d at 881 ).

2025“When one state tries a suit, it may prevent sister States from exercising their like authority, even when those states have a greater interest in the dispute.” See Johnson, 21 F.4th at 323 (cleaned up).

2020See Robisheaux v. State, 483 S.W.3d 205, 220 (Tex. App.—Austin 2016, pet. ref’d) (potential for decision on an improper basis reduced when extraneous acts no more serious than allegations forming basis of indictment); Wenger, 292 S.W.3d at 204–05 (third, fourth, and fifth factors did not weigh in favor of exclusion where, in contrast to the items the appellant was charged with possessing and promoting, the exhibit at issue consisted only of a list of written titles –18– and the corresponding images were never shown to the jury).

2020See Robisheaux, 483 S.W.3d at 220 .

2015See Deleon, 126 S.W.3d at 215 .

2015See Deleon, 126 S.W.3d at 215 .

2015Kia Motors Corp. v. Ruiz, 432 S.W.3d 865, 875 (Tex. 2014); see also Caterpillar, 911 S.W.2d at 384 .

2015Kia Motors Corp. v. Ruiz, 432 S.W.3d 865, 875 (Tex. 2014); see also Caterpillar, 911 S.W.2d at 384 .

2007"When the case involves the testimony of only the defendant and the State's witnesses . . . the importance of the defendant's credibility and testimony escalates" and "so will the need to allow the State an opportunity to impeach the defendant's credibility." Id .; see also Jackson , 50 S.W.3d at 593 ("Generally, when the case involves the testimony of only the defendant and the State's witnesses, the importance of the defendant's credibility and testimony escalates.").