What Happens If You Don't Object to Hearsay Evidence In Texas Court ?
Rule 802 of the rules of evidence provides that inadmissible hearsay which is admitted without objection will not be its denied probative value simply because it is hearsay. TEX. R. EVID. 802.
The rule does not bestow probative value on the evidence merely because it was hearsay admitted without objection. See id.
Also, contrary to Lee's argument, there is nothing in the rule requiring this Court to consider this evidence in our sufficiency review merely because it was hearsay admitted without objection. See id.
The probative value of such unobjected-to hearsay evidence is considered by the fact finder with the other evidence admitted at trial. Fernandez v. State, 805 S.W.2d 451, 455-56 (Tex. Crim. App. 1991).
On sufficiency review, an appellate court does not have the power to re-evaluate the probative value of any particular piece of evidence. See id. at 456.