Buhl v. State

In Buhl v. State, 960 S.W.2d 927, 932 (Tex. App.--Waco 1998, pet. ref'd), the Court stated that a simple comment that the defendant said he was afraid of the victim would be admissible under TEX. R. EVID Rule 803 because his fear would appear to be a statement of his then-existing emotional condition. Id. at 933. In Buhl, the Court found that the defense sought to elicit further explanation of the reason for Buhl's fear, i.e., that it was caused by the victim's previously pulling a gun on him. Id. The Court found that the court acted within its discretion to exclude this further testimony because it was offered to prove the truth of a fact the declarant remembered or believed, i.e., that the victim pulled a gun on him in the past. Id.