Barley v. State
In Barley v. State, 906 S.W.2d 27, 32-33 (Tex. Crim. App. 1995), the court held that it was not impermissibly suggestive for the accused's photo to be the only one "taken outside in a yard" with "a small degree of greenery showing" and "a very definitive sunlight reflection off of the individual's face giving the picture a more pinkish tint than the others," whereas two of the other photographs were "older and faded." 906 S.W.2d at 33.
The court stated that, "while we do not encourage the utilization of photographs that are so different in lighting and background," it was permissible because the circumstances of the case made it necessary to take a new photo of the accused, and the witnesses testified that no suggestion was made about which photo to select and that any differences in photographic quality between the pictures did not influence their selections. Id.