May a Witness Who ''Isn't on the List'' Testify In Texas ?
If a witness, whose name is not on a witness list furnished the defendant, is permitted to testify the standard of review is whether the trial court abused its discretion in allowing the witness to testify. Bridge v. State, 726 S.W.2d 558, 566 (Tex. Crim. App. 1986).
Factors to be considered in determining whether an abuse of discretion has occurred include whether the prosecutor in bad faith failed to disclose, in advance, the name of the witness. Id.
Another factor to be considered in determining whether there was an abuse of discretion is whether the defendant can reasonably anticipate that the witness would testify despite the absence of her name on any witness list. Id. at 567; Fincher v. State, 980 S.W.2d 886, 888 (Tex. App.-Fort Worth 1998, pet. ref'd).