defense of third person instruction (Texas) · Go Syfert
← Texas issues

defense of third person instruction in Texas

5 Texas opinions name it 1 courts 2015–2024 4 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Bennett v. State of Texasgreen
texcrimapp · 1986 · cited in 2 Texas opinions naming this issue, 2024–2024
2 sentences

2024See Bennett v. State, 726 S.W.2d 32 (Tex. Crim. App. 1986) (en banc).

2024See Bennett v. State, 726 S.W.2d 32 (Tex. Crim. App. 1986) (en banc).

22
Pena v. Stategreen
texapp · 1982 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Brooks, 548 S.W.2d at 684 (finding that because there is no evidence that the deceased was making an attack or threatening an immediate attack upon a third person, the evidence could not have led the defendant to reasonably believe that his intervention was immediately necessary to 9 protect the third person); Cooper v. State, 910 S.W.2d 605, 606 (Tex. App.—Tyler 1995, no pet.) (same); Constancio, 643 S.W.2d at 156 (same); Pena v. State, 635 S.W.2d 912, 914 (Tex. App.—Eastland 1982, pet. ref’d) (same).

11
Constancio v. Stategreen
texapp · 1982 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Brooks, 548 S.W.2d at 684 (finding that because there is no evidence that the deceased was making an attack or threatening an immediate attack upon a third person, the evidence could not have led the defendant to reasonably believe that his intervention was immediately necessary to 9 protect the third person); Cooper v. State, 910 S.W.2d 605, 606 (Tex. App.—Tyler 1995, no pet.) (same); Constancio, 643 S.W.2d at 156 (same); Pena v. State, 635 S.W.2d 912, 914 (Tex. App.—Eastland 1982, pet. ref’d) (same).

11
Cooper v. Stategreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Brooks, 548 S.W.2d at 684 (finding that because there is no evidence that the deceased was making an attack or threatening an immediate attack upon a third person, the evidence could not have led the defendant to reasonably believe that his intervention was immediately necessary to 9 protect the third person); Cooper v. State, 910 S.W.2d 605, 606 (Tex. App.—Tyler 1995, no pet.) (same); Constancio, 643 S.W.2d at 156 (same); Pena v. State, 635 S.W.2d 912, 914 (Tex. App.—Eastland 1982, pet. ref’d) (same).

11
Brooks v. Stategreen
texcrimapp · 1977 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Brooks, 548 S.W.2d at 684 (finding that because there is no evidence that the deceased was making an attack or threatening an immediate attack upon a third person, the evidence could not have led the defendant to reasonably believe that his intervention was immediately necessary to 9 protect the third person); Cooper v. State, 910 S.W.2d 605, 606 (Tex. App.—Tyler 1995, no pet.) (same); Constancio, 643 S.W.2d at 156 (same); Pena v. State, 635 S.W.2d 912, 914 (Tex. App.—Eastland 1982, pet. ref’d) (same).

11
Zuliani v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Broughton, 569 S.W.3d at 608 ; Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim. App. 2003); see also Saxton, 804 S.W.2d at 913-14 (contrasting affirmative defenses and explaining how burdens shift for self-defense).

11
Saxton v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Broughton, 569 S.W.3d at 608 ; Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim. App. 2003); see also Saxton, 804 S.W.2d at 913-14 (contrasting affirmative defenses and explaining how burdens shift for self-defense).

11
Morales, Jose Manuelgreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Morales v. State, 357 S.W.3d 1, 8 (Tex.Crim.App.2011).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Braughton, Christopher Ernest green
texcrimapp · 2018
1 sentence

2023Broughton, 569 S.W.3d at 608 ; Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim. App. 2003); see also Saxton, 804 S.W.2d at 913-14 (contrasting affirmative defenses and explaining how burdens shift for self-defense).

12023–2023

← Caselaw search · G Cite Topics · Brief Check