Willover v. State

In Willover v. State, 70 S.W.3d 841 (Tex. Crim. App. 2002) the Court was confronted with a similar situation, with one party seeking to introduce videotapes of interviews with a child victim into evidence. However, in Willover it was the defense that sought to introduce the tapes for impeachment purposes, not under Rule 107, but under various hearsay exceptions. The State objected, and the trial court ruled the tapes inadmissible because they could not be edited to eliminate irrelevant portions of the interview. The Court upheld the trial court's ruling: When a trial judge is presented with a proffer of evidence containing both admissible and inadmissible statements and the proponent of the evidence fails to segregate and specifically offer the admissible statements, the trial court may properly exclude all of the statements. Willover, 70 S.W.3d at 847.