Mozon v. State

In Mozon v. State, 991 S.W.2d 841 (Tex. Crim. App. 1999), the Court explained the interaction between Rule 404 and Rule 403. The Court held that while evidence may be admissible under Rule 404, the trial court may exercise its discretion to exclude the evidence under Rule 403 if it determines that the probative value is substantially outweighed by the danger of unfair prejudice. Id. at 846. Under Rule 403, relevant evidence "may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. . . ." Tex. R. Evid. 403. Rule 403 presumes the "admissibility of all relevant evidence and authorizes a trial court to exclude [the] evidence only when there is a 'clear disparity between the degree of prejudice of the offered evidence and its probative value.'"