Potier v. State

In Potier v. State, 68 S.W.3d 657, 659, 665, 666 (Tex. Crim. App. 2002), the Court found the court of appeals properly applied the harmless-error standard for non-constitutional errors, rather than the standard for constitutional errors, because the erroneous exclusion of evidence did not amount to a denial of due process or other constitutional rights. See Potier, 68 S.W.3d at 665-666. In making this determination, this Court reviewed what evidence of the appellant's defense was admitted and what evidence was excluded. Id. It determined that although the erroneously excluded evidence was relevant to the appellant's defense, the exclusion did not significantly undermine fundamental elements of the accused's defense. Id. The court of appeals, in applying the Rule 44.2(b) harmless-error standard, found the trial court's error in refusing to admit certain testimony was harmless because appellant's self-defense claim had been presented to the jury by other evidence. Id. at 658.