rejection of a self-defense claim (Texas) · Go Syfert
← Texas issues

rejection of a self-defense claim in Texas

27 Texas opinions name it 1 courts 1995–2025 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 (5)

CaseFollowedCited
Zuliani v. Stategreen
texcrimapp · 2003 · cited in 14 Texas opinions naming this issue, 2008–2019
2 sentences

2019That is, a defendant who raises self-defense to defeat a murder charge bears the initial burden to produce some evidence to support his self-defense claim.11 Once the defendant satisfies this burden of production, the burden of persuasion rests with the State to disprove the defense.12 “This burden does not require the production of additional evidence rebutting self-defense; it requires the State to prove its case beyond a reasonable doubt.”13 When the trier of fact finds the defendant guilty, there is an implicit finding rejecting the defendant’s self-defense claim.14 Our sister court in Hou

2010Rather, when a challenge is made to the factual sufficiency of the rejection of a self-defense claim, reviewing courts examine “all of the evidence in a neutral light and ask whether the State’s evidence taken alone is too weak to support the finding and whether the proof of guilt, although adequate if taken alone, is against the great weight and preponderance of the evidence.” Zuliani, 97 S.W.3d at 595 .

314
Saxton v. Stategreen
texcrimapp · 1991 · cited in 9 Texas opinions naming this issue, 2006–2021
2 sentences

2009When an appellant challenges the legal sufficiency of the rejection of a self-defense claim, it is well-settled law that appellate courts "look not to whether the State presented evidence which refuted appellant's [defensive evidence], but rather we determine whether after viewing all the evidence in the light most favorable to the prosecution, any rational trier of fact would have found . . . against appellant on the [defensive] issue beyond a reasonable doubt." Saxton , 804 S.W.2d at 914 .

2009When an appellant challenges the legal sufficiency of the rejection of a self-defense claim, it is well-settled law that appellate courts "look not to whether the State presented evidence which refuted appellant's [defensive evidence], but rather we determine whether after viewing all the evidence in the light most favorable to the prosecution, any rational trier of fact would have found . . . against appellant on the [defensive] issue beyond a reasonable doubt." Saxton , 804 S.W.2d at 914 .

39
Watson v. Stategreen
texcrimapp · 2006 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Zuliani, 97 S.W.3d at 595 ; see Watson, 204 S.W.3d at 416-17 .

2009Zuliani , 97 S.W.3d at 595 ; see Watson , 204 S.W.3d at 416-17 .

22
Kenneth Ramone Dearborn, II v. Stategreen
texapp · 2014 · cited in 6 Texas opinions naming this issue, 2018–2025
2 sentences

2025When addressing a claim that the evidence was legally insufficient to support the rejection of a self-defense claim, appellate courts “examine all of the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found beyond a reasonable doubt (1) the essential elements of the alleged offenses, and (2) against appellant on the self-defense issue.” Dearborn, 420 S.W.3d at 372 .

2023When addressing a claim that the evidence was legally insufficient to support the rejection of a self-defense claim, appellate courts “examine all of the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found beyond a reasonable doubt (1) the essential elements of the alleged offenses, and (2) against appellant on the self-defense issue.” Dearborn, 420 S.W.3d at 372 .

16
Alvarado v. Stategreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 1995–1995
1 sentence

1995See Alvarado v. State, 821 S.W.2d 369, 372 (Tex.App.—Corpus Christi 1991, no pet.) (viewing the fact that no weapon was actually seen as indicia supporting the rejection of a self-defense claim).

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
Hernandez v. State green
texapp · 2010
1 sentence

2010“In a factual-sufficiency review of the rejection of a self-defense claim, we view ‘all of the evidence in a neutral light and [ask] whether the State’s evidence taken alone is too weak to support the finding and whether the proof of guilt, although adequate if taken alone, is against the great weight and preponderance of the evidence.’” Id. at 666 (quoting Zuliani , 97 S.W.3d at 595 ).

12010–2010

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (12) TX § Tex. Penal Code § 9.31 (7) TX § Tex. Penal Code § 22.01 (5) TX § Tex. Penal Code § 1.07 (4) TX § Tex. Penal Code § 22.02 (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.

← Caselaw search · G Cite Topics · Brief Check