claim of self defense in Texas

33 Texas opinions name it 2 courts 1981–2025 7 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 (18)

Case	Followed	Cited
Zuliani v. Stategreen texcrimapp · 2003 · cited in 12 Texas opinions naming this issue, 2005–2024 2 sentences 2024Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim. 2023See Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim.	11	12
Braughton, Christopher Ernestgreen texcrimapp · 2018 · cited in 4 Texas opinions naming this issue, 2020–2025 2 sentences 2025See Braughton, 569 S.W.3d at 608 . 2023See Braughton, 569 S.W.3d at 608 .	3	4
Saxton v. Stategreen texcrimapp · 1991 · cited in 6 Texas opinions naming this issue, 2003–2024 2 sentences 2024Saxton v. State, 804 S.W.2d 910, 914 (Tex. Crim. 2017See Temple, 390 S.W.3d at 360 ; see also Saxton, 804 S.W.2d at 913 (explaining that a jury is free to reject defensive evidence on a claim of self- defense); Moralez, 450 S.W.3d at 565, 567 (same).	2	6
McClesky v. Stategreen texapp · 2007 · cited in 2 Texas opinions naming this issue, 2012–2013 2 sentences 2013McClesky v. State, 224 S.W.3d 405, 409 (Tex.App.—Houston [1st Dist.] 2006, pet. ref'd). 2012McClesky v. State, 224 S.W.3d 405, 409 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d).	2	2
Chavez v. Stategreen texapp · 2000 · cited in 2 Texas opinions naming this issue, 2015–2019 2 sentences 2019Conversely, “when the State’s evidence is sufficient to overcome a claim of self- defense, it will also be sufficient to show the absence of sudden passion.” Id. (quoting Benavides v. State, 992 S.W.2d 511 , 524–25) (Tex. App.—Houston [1st Dist.] 1999, pet. ref’d)). 15 “Some Harm” Not Shown We need not decide whether the trial court erred in denying the sudden- passion charge because appellant cannot show that he suffered “some harm” as a result of the trial court’s refusal to charge the jury on sudden passion. 2015Although “sudden passion and self-defense are not mutually exclusive,” id. at *4, “except in rare instances, when the State’s evidence is sufficient to overcome a claim of self- defense, it will also be sufficient to show the absence of sudden passion.” Chavez v. State, 6 S.W.3d 56, 65 (Tex. App.—San Antonio 1999, pet. ref’d) (internal citations omitted).	1	2
Smith v. Stategreen texapp · 2011 · cited in 1 Texas opinions naming this issue, 2019–2019 1 sentence 2019See Brooks, 323 S.W.3d at 899 ; see also Smith v. State, 355 S.W.3d 138, 146 (Tex. App.—Houston [1st Dist.] 2011, pet. ref’d) (noting the defendant’s testimony does not conclusively prove a claim of self- defense because the jury could reject the testimony).	1	1
Brooks v. Stategreen texcrimapp · 2010 · cited in 1 Texas opinions naming this issue, 2019–2019 1 sentence 2019See Brooks, 323 S.W.3d at 899 ; see also Smith v. State, 355 S.W.3d 138, 146 (Tex. App.—Houston [1st Dist.] 2011, pet. ref’d) (noting the defendant’s testimony does not conclusively prove a claim of self- defense because the jury could reject the testimony).	1	1
Torres v. Stategreen texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2019–2019 1 sentence 2019Mai, 189 S.W.3d at 321 ; Reyna, 99 S.W.3d at 347 ; see Torres, 71 S.W.3d at 762 (stating that, for purpose of proving complainant was first aggressor, proffered evidence must explain complainant’s conduct).	1	1
Mock v. Stategreen texapp · 1993 · cited in 1 Texas opinions naming this issue, 2018–2018 1 sentence 2018See Avila v. State, 954 S.W.2d 830, 843 (Tex. App.—El Paso 1997, pet. ref’d) (manslaughter charge not warranted when appellant testified he saw wife brandish a firearm, so picked up his own firearm, aimed it at wife, and fired a number of rounds); Mock v. State, 848 S.W.2d 215, 219 (Tex. App.—El Paso 1992, pet ref’d) (“One cannot accidentally or recklessly act in self–defense.”); Nevarez v. State, 270 S.W.3d 691, 695 (Tex. App.—Amarillo 2008, no pet.) (where defendant in murder trial admitted 5 purposefulness of actions that led to death and argued self-defense, he was not also entitled to man	1	1
Nevarez v. Stategreen texapp · 2008 · cited in 1 Texas opinions naming this issue, 2018–2018 1 sentence 2018See Avila v. State, 954 S.W.2d 830, 843 (Tex. App.—El Paso 1997, pet. ref’d) (manslaughter charge not warranted when appellant testified he saw wife brandish a firearm, so picked up his own firearm, aimed it at wife, and fired a number of rounds); Mock v. State, 848 S.W.2d 215, 219 (Tex. App.—El Paso 1992, pet ref’d) (“One cannot accidentally or recklessly act in self–defense.”); Nevarez v. State, 270 S.W.3d 691, 695 (Tex. App.—Amarillo 2008, no pet.) (where defendant in murder trial admitted 5 purposefulness of actions that led to death and argued self-defense, he was not also entitled to man	1	1
Avila v. Stategreen texapp · 1997 · cited in 1 Texas opinions naming this issue, 2018–2018 2 sentences 2018See Avila, 954 S.W.2d at 843 . 2018See Avila v. State, 954 S.W.2d 830, 843 (Tex. App.—El Paso 1997, pet. ref’d) (manslaughter charge not warranted when appellant testified he saw wife brandish a firearm, so picked up his own firearm, aimed it at wife, and fired a number of rounds); Mock v. State, 848 S.W.2d 215, 219 (Tex. App.—El Paso 1992, pet ref’d) (“One cannot accidentally or recklessly act in self–defense.”); Nevarez v. State, 270 S.W.3d 691, 695 (Tex. App.—Amarillo 2008, no pet.) (where defendant in murder trial admitted 5 purposefulness of actions that led to death and argued self-defense, he was not also entitled to man	1	1
Martinez v. Stategreen texapp · 2000 · cited in 1 Texas opinions naming this issue, 2018–2018 1 sentence 2018See Avila v. State, 954 S.W.2d 830, 843 (Tex. App.—El Paso 1997, pet. ref’d) (manslaughter charge not warranted when appellant testified he saw wife brandish a firearm, so picked up his own firearm, aimed it at wife, and fired a number of rounds); Mock v. State, 848 S.W.2d 215, 219 (Tex. App.—El Paso 1992, pet ref’d) (“One cannot accidentally or recklessly act in self–defense.”); Nevarez v. State, 270 S.W.3d 691, 695 (Tex. App.—Amarillo 2008, no pet.) (where defendant in murder trial admitted 5 purposefulness of actions that led to death and argued self-defense, he was not also entitled to man	1	1
Hermilo Moralez v. Stategreen texapp · 2014 · cited in 1 Texas opinions naming this issue, 2017–2017 1 sentence 2017See Temple, 390 S.W.3d at 360 ; see also Saxton, 804 S.W.2d at 913 (explaining that a jury is free to reject defensive evidence on a claim of self- defense); Moralez, 450 S.W.3d at 565, 567 (same).	1	1
Temple, David Markgreen texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2017–2017 1 sentence 2017See Temple, 390 S.W.3d at 360 ; see also Saxton, 804 S.W.2d at 913 (explaining that a jury is free to reject defensive evidence on a claim of self- defense); Moralez, 450 S.W.3d at 565, 567 (same).	1	1
London v. Stategreen texapp · 2009 · cited in 1 Texas opinions naming this issue, 2016–2016 1 sentence 2016Saxton, 804 7 S.W.2d at 914; Gonzalez, 2014 Tex. App. LEXIS 7584 , at *15-16; see also London v. State, 325 S.W.3d 197, 203 (Tex. App.—Dallas 2008, pet. ref’d); Denman v. State, 193 S.W.3d 129, 132-33 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (both noting that defendant’s testimony, by itself, does not prove a claim of self-defense).	1	1
Denman v. Stategreen texapp · 2006 · cited in 1 Texas opinions naming this issue, 2016–2016 1 sentence 2016Saxton, 804 7 S.W.2d at 914; Gonzalez, 2014 Tex. App. LEXIS 7584 , at *15-16; see also London v. State, 325 S.W.3d 197, 203 (Tex. App.—Dallas 2008, pet. ref’d); Denman v. State, 193 S.W.3d 129, 132-33 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (both noting that defendant’s testimony, by itself, does not prove a claim of self-defense).	1	1
Lujan v. Stategreen texcrimapp · 1968 · cited in 1 Texas opinions naming this issue, 2012–2012 1 sentence 2012See Lujan v. State, 430 S.W.2d 513, 514 (Tex.Crim.App.1968); Talamantes v. State, 101 Tex.Crim. 407 , 275 S.W. 1052, 1053-54 (Tex.Crim.App.1925).	1	1
Talamantes v. Stategreen texcrimapp · 1925 · cited in 1 Texas opinions naming this issue, 2012–2012 2 sentences 2012See Lujan v. State, 430 S.W.2d 513, 514 (Tex.Crim.App.1968); Talamantes v. State, 101 Tex.Crim. 407 , 275 S.W. 1052, 1053-54 (Tex.Crim.App.1925). 2012See Lujan v. State, 430 S.W.2d 513, 514 (Tex.Crim.App.1968); Talamantes v. State, 101 Tex.Crim. 407 , 275 S.W. 1052, 1053-54 (Tex.Crim.App.1925).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

Case	Cited	Years
Dempsey v. State green texcrimapp · 1954 2 sentences 1996Dempsey, 266 S.W.2d at 877-78 . 1981Beecham v. State, 580 S.W.2d 588 (Tex.Cr.App.1979); Lewis v. State, 463 S.W.2d 186 (Tex.Cr.App. 1971); Wood v. State, 486 S.W.2d 359 (Tex. Cr.App.1972); Nichols v. State, 504 S.W.2d 439 (Tex.Cr.App.1974); Dempsey v. State, 159 Tex.Cr.R. 602 , 266 S.W.2d 875 (1954). *581 If evidence of the deceased’s violent character is offered to show the reasonableness of the defendant’s claim of apprehension of danger, it must be shown that the acts of violence were known to the accused at the time of the homicide.	2	1981–1996
Beecham v. State green texcrimapp · 1979 2 sentences 1982Beecham v. State, 580 S.W.2d 588 (Tex. Cr. 1981Beecham v. State, 580 S.W.2d 588 (Tex.Cr.App.1979); Lewis v. State, 463 S.W.2d 186 (Tex.Cr.App. 1971); Wood v. State, 486 S.W.2d 359 (Tex. Cr.App.1972); Nichols v. State, 504 S.W.2d 439 (Tex.Cr.App.1974); Dempsey v. State, 159 Tex.Cr.R. 602 , 266 S.W.2d 875 (1954). *581 If evidence of the deceased’s violent character is offered to show the reasonableness of the defendant’s claim of apprehension of danger, it must be shown that the acts of violence were known to the accused at the time of the homicide.	2	1981–1982
Reyna v. State green texapp · 2003 1 sentence 2019Mai, 189 S.W.3d at 321 ; Reyna, 99 S.W.3d at 347 ; see Torres, 71 S.W.3d at 762 (stating that, for purpose of proving complainant was first aggressor, proffered evidence must explain complainant’s conduct).	1	2019–2019
Mai v. State green texapp · 2006 1 sentence 2019Mai, 189 S.W.3d at 321 ; Reyna, 99 S.W.3d at 347 ; see Torres, 71 S.W.3d at 762 (stating that, for purpose of proving complainant was first aggressor, proffered evidence must explain complainant’s conduct).	1	2019–2019
Benavides v. State green texapp · 1999 1 sentence 2019Conversely, “when the State’s evidence is sufficient to overcome a claim of self- defense, it will also be sufficient to show the absence of sudden passion.” Id. (quoting Benavides v. State, 992 S.W.2d 511 , 524–25) (Tex. App.—Houston [1st Dist.] 1999, pet. ref’d)). 15 “Some Harm” Not Shown We need not decide whether the trial court erred in denying the sudden- passion charge because appellant cannot show that he suffered “some harm” as a result of the trial court’s refusal to charge the jury on sudden passion.	1	2019–2019
Gonzales v. State green texapp · 1992 1 sentence 1994Gonzales v. State, 838 S.W.2d 848 (Tex.App.— Houston [1st Dist.] 1992, pet. dism’d), improvidently granted, 864 S.W.2d 522 (Tex.Crim.App.1993).	1	1994–1994
Gonzales v. State green texcrimapp · 1993 1 sentence 1994Gonzales v. State, 838 S.W.2d 848 (Tex.App.— Houston [1st Dist.] 1992, pet. dism’d), improvidently granted, 864 S.W.2d 522 (Tex.Crim.App.1993).	1	1994–1994
Wood v. State green texcrimapp · 1972 1 sentence 1981Beecham v. State, 580 S.W.2d 588 (Tex.Cr.App.1979); Lewis v. State, 463 S.W.2d 186 (Tex.Cr.App. 1971); Wood v. State, 486 S.W.2d 359 (Tex. Cr.App.1972); Nichols v. State, 504 S.W.2d 439 (Tex.Cr.App.1974); Dempsey v. State, 159 Tex.Cr.R. 602 , 266 S.W.2d 875 (1954). *581 If evidence of the deceased’s violent character is offered to show the reasonableness of the defendant’s claim of apprehension of danger, it must be shown that the acts of violence were known to the accused at the time of the homicide.	1	1981–1981
Lewis v. State green texcrimapp · 1971 1 sentence 1981Beecham v. State, 580 S.W.2d 588 (Tex.Cr.App.1979); Lewis v. State, 463 S.W.2d 186 (Tex.Cr.App. 1971); Wood v. State, 486 S.W.2d 359 (Tex. Cr.App.1972); Nichols v. State, 504 S.W.2d 439 (Tex.Cr.App.1974); Dempsey v. State, 159 Tex.Cr.R. 602 , 266 S.W.2d 875 (1954). *581 If evidence of the deceased’s violent character is offered to show the reasonableness of the defendant’s claim of apprehension of danger, it must be shown that the acts of violence were known to the accused at the time of the homicide.	1	1981–1981
Nichols v. State green texcrimapp · 1974 1 sentence 1981Beecham v. State, 580 S.W.2d 588 (Tex.Cr.App.1979); Lewis v. State, 463 S.W.2d 186 (Tex.Cr.App. 1971); Wood v. State, 486 S.W.2d 359 (Tex. Cr.App.1972); Nichols v. State, 504 S.W.2d 439 (Tex.Cr.App.1974); Dempsey v. State, 159 Tex.Cr.R. 602 , 266 S.W.2d 875 (1954). *581 If evidence of the deceased’s violent character is offered to show the reasonableness of the defendant’s claim of apprehension of danger, it must be shown that the acts of violence were known to the accused at the time of the homicide.	1	1981–1981

Statutes the citing opinions construe

TX § Tex. Penal Code § 9.31 (17) TX § Tex. Penal Code § 19.02 (14) TX § Tex. Penal Code § 9.32 (9) TX § Tex. Penal Code § 1.07 (6) TX § Tex. Penal Code § 22.02 (4) TX § Tex. Penal Code § 22.01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IN 49 (1971–2020) TX 33 (1981–2025) PA 22 (1984–2026) CA 13 (1981–2026) OH 13 (1999–2026) IL 9 (1999–2023) NM 8 (1984–2024) AL 7 (1955–1990) WA 6 (2013–2021) MN 6 (2002–2024) CT 4 (1974–2023) GA 3 (2014–2024) MI 3 (2019–2025) TN 3 (1978–2019) IA 3 (1968–2018) MT 3 (2002–2025) SC 2 (2019–2019) DE 2 (1997–2014) NJ 2 (1997–2020) MA 2 (1980–2019) DC 2 (1990–2017) MD 2 (1987–2018) FL 2 (1991–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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