claim of self-defense defense (Texas) · Go Syfert
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claim of self-defense defense in Texas

27 Texas opinions name it 5 courts 1989–2026 14 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 (7)

CaseFollowedCited
Zuliani v. Stategreen
texcrimapp · 2003 · cited in 14 Texas opinions naming this issue, 2009–2026
2 sentences

2021Texas Court of Criminal Appeals precedent holds that, “in a claim of self-defense or defense of third persons that would justify a defendant's use of force against another, 18 the defendant bears the burden to produce evidence supporting the defense, while the State bears the burden of persuasion to disprove the raised issues.” Braughton, 569 S.W.3d at 608 (citing Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim.

2019When there is a claim of self-defense or defense of a third person to justify use of force or deadly force against another, “the defendant bears the burden to produce evidence supporting the defense, while the State bears the burden of persuasion to disprove the raised issues.” Id. at 608 (citing Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim.

1314
Braughton, Christopher Ernestgreen
texcrimapp · 2018 · cited in 12 Texas opinions naming this issue, 2019–2026
2 sentences

2026In a claim of self-defense or defense of third persons—either of which would justify a defendant’s use of force against another—“the defendant bears the burden to produce evidence supporting the defense, while the State bears the burden of persuasion to disprove the raised issues.” Braughton v. State, 569 S.W.3d 592, 608 (Tex. Crim.

2025App. 2007). “[I]n a claim of self-defense or defense of third persons that would justify a defendant’s use of force against another, the defendant bears the burden to produce evidence supporting the defense, while the State bears the burden of persuasion to disprove the raised issues.” Braughton v. State, 569 S.W.3d 592, 608 (Tex. Crim.

612
Sells v. Stategreen
texcrimapp · 2003 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Denman v. State, 193 S.W.3d 129, 132-33 (TexApp.-Houston [1st Dist.] 2006, pet. ref'd) (finding evidence sufficient to support conviction for aggravated assault under Jackson v. Virginia standard despite defendant’s claim of self-defense, which was based on testimony of defendant and other witnesses who stated that complainant had assaulted or threatened defendant on prior occasions); see also Sells v. State, 121 S.W.3d 748, 754 (Tex.Crim.App.2003) (holding that only evidence weighing against jury finding that defendant entered home with no specific intent to commit sexual assault was defe

2011See Denman v. State , 193 S.W. 3d 129 , 132–33 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (finding evidence sufficient to support conviction for aggravated assault under Jackson v. Virginia standard despite defendant’s claim of self-defense, which was based on testimony of defendant and other witnesses who stated that complainant had assaulted or threatened defendant on prior occasions); see also Sells v. State , 121 S.W.3d 748, 754 (Tex. Crim.

22
Denman v. Stategreen
texapp · 2006 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Denman v. State, 193 S.W.3d 129, 132-33 (TexApp.-Houston [1st Dist.] 2006, pet. ref'd) (finding evidence sufficient to support conviction for aggravated assault under Jackson v. Virginia standard despite defendant’s claim of self-defense, which was based on testimony of defendant and other witnesses who stated that complainant had assaulted or threatened defendant on prior occasions); see also Sells v. State, 121 S.W.3d 748, 754 (Tex.Crim.App.2003) (holding that only evidence weighing against jury finding that defendant entered home with no specific intent to commit sexual assault was defe

2011See Denman v. State , 193 S.W. 3d 129 , 132–33 (Tex. App.—Houston [1st Dist.] 2006, pet. ref’d) (finding evidence sufficient to support conviction for aggravated assault under Jackson v. Virginia standard despite defendant’s claim of self-defense, which was based on testimony of defendant and other witnesses who stated that complainant had assaulted or threatened defendant on prior occasions); see also Sells v. State , 121 S.W.3d 748, 754 (Tex. Crim.

22
Saxton v. Stategreen
texcrimapp · 1991 · cited in 4 Texas opinions naming this issue, 2019–2021
2 sentences

2021App. 2003)); Saxton v. State, 804 S.W.2d 910, 913-14 (Tex. Crim.

2019When there is a claim of self-defense or defense of a third person to justify use of force or deadly force against another, “the defendant bears the burden to produce evidence supporting the defense, while the State bears the burden of persuasion to disprove the raised issues.” Id. (citing Zuliani v. State, 97 S.W.3d 589, 594 (Tex. Crim.

14
Smith v. Stategreen
texapp · 2011 · cited in 2 Texas opinions naming this issue, 2017–2019
2 sentences

2019“The statements of the defendant and his witnesses do not conclusively prove a claim of self-defense or defense of a third party.” Id.

2017Smith v. State, 355 S.W.3d 138, 146 (Tex. App.-Houston [1st Dist.] 2011, pet. ref'd(citations and internal quotation marks omitted).

12
Lowe v. Stategreen
texcrimapp · 1981 · cited in 1 Texas opinions naming this issue, 1989–1989
2 sentences

1989Lowe v. State, 612 S.W.2d 579, 580 (Tex.Cr.App.1981) and the cases cited therein.

1989Lowe v. State, 612 S.W.2d 579, 580 (Tex.Cr.App.1981) and the cases cited therein.

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 (2)

CaseCitedYears
Jackson v. Virginia red
scotus · 1979
1 sentence

2022App. 2016) (citing Jackson, 443 U.S. at 318–19). “[I]n a claim of self-defense or defense of third persons that would justify a defendant’s use of force against another, the defendant bears the burden to produce evidence supporting the defense, while the State bears the burden of persuasion to disprove the raised issues.” Braughton v. State, 569 S.W.3d 592, 608 (Tex. Crim.

12022–2022
Gavin Heath Gilbert v. State green
texapp · 2019
1 sentence

2020Id.

12020–2020

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (18) TX § Tex. Penal Code § 9.32 (14) TX § Tex. Penal Code § 9.31 (13) TX § Tex. Penal Code § 9.02 (10) TX § Tex. Penal Code § 1.07 (8) TX § Tex. Penal Code § 9.33 (5) TX § Tex. Penal Code § 22.05 (4) TX § Tex. Penal Code § 2.05 (3) TX § Tex. Penal Code § 22.01 (3) TX § Tex. Penal Code § 6.03 (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

TX 27 (1989–2026) IN 5 (2009–2020) MA 3 (1982–2019) TN 3 (2007–2016) OH 3 (2013–2024) NM 2 (1999–2002)

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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