Sheppard v. State

Fletcher, Presiding Justice,

concurring specially.

The majority opinion perpetuates the improper analysis of “other transactions” evidence. Prejudice is a factor in determining admissibility, not relevancy. Once a trial court decides that the evidence of prior difficulties is relevant, it must balance the probative value of the evidence against its prejudicial effect. Because the trial court in this case did not abuse its discretion in admitting the prior difficulties evidence, I concur specially in Division 4.

I am authorized to state that Justice Sears joins in this special concurrence.