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25 Texas opinions name it 2 courts 2002–2015 0 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.
| Case | Followed | Cited |
|---|---|---|
Jackson v. Stategreen2 sentences2011“Texas does not recognize diminished capacity as an affirmative defense i.e., a lesser form of the defense of insanity.” Jackson v. State , 160 S.W.3d 568, 573 (Tex. Crim. 2009"Texas does not recognize diminished capacity as an affirmative defense i.e., a lesser form of the defense of insanity." Jackson , 160 S.W.3d at 573 . | 15 | 24 |
United States v. Pohlot, Stephengreen2 sentences2008Ruffin Page 12 would permit exoneration or mitigation of an offense because of a person’s supposed psychiatric compulsion or an inability to engage in normal reflection or moral judgment.20 Such defenses refer to a person’s lesser or impaired mental ability (compared to the average person) to reason through the consequences of his actions because of a mental disorder.21 The Texas Legislature has not enacted any affirmative defenses, other than insanity, based 20 See, e.g., United States v. Pohlot, 827 F.2d 889, 890 (3d Cir. 1987) (explaining those concepts and noting that Congress precluded th 2008Ruffin Page 12 would permit exoneration or mitigation of an offense because of a person’s supposed psychiatric compulsion or an inability to engage in normal reflection or moral judgment.20 Such defenses refer to a person’s lesser or impaired mental ability (compared to the average person) to reason through the consequences of his actions because of a mental disorder.21 The Texas Legislature has not enacted any affirmative defenses, other than insanity, based 20 See, e.g., United States v. Pohlot, 827 F.2d 889, 890 (3d Cir. 1987) (explaining those concepts and noting that Congress precluded th | 3 | 3 |
Plough v. Stategreen1 sentence2008See, e.g., Dashield v. State, 110 S.W.3d 111, 115 (Tex. App.–Houston [1st Dist.] 2003, pet. ref'd) (concluding that defendant could determine right from wrong); Love v. State, 909 S.W.2d 930, 943 (Tex. App.–El Paso 1995, pet. ref'd) (finding that defendant’s mental condition did not preclude him from distinguishing right from wrong); Plough v. State, 725 S.W.2d 494, 500 (Tex. App.–Corpus Christi 1987, no pet.) (holding that defendant was not so mentally ill that he was not able to know his conduct was wrong). 19 Jackson, 160 S.W.3d at 573 (noting that the lower court had “correctly stated that | 1 | 1 |
Dashield v. Stategreen1 sentence2008See, e.g., Dashield v. State, 110 S.W.3d 111, 115 (Tex. App.–Houston [1st Dist.] 2003, pet. ref'd) (concluding that defendant could determine right from wrong); Love v. State, 909 S.W.2d 930, 943 (Tex. App.–El Paso 1995, pet. ref'd) (finding that defendant’s mental condition did not preclude him from distinguishing right from wrong); Plough v. State, 725 S.W.2d 494, 500 (Tex. App.–Corpus Christi 1987, no pet.) (holding that defendant was not so mentally ill that he was not able to know his conduct was wrong). 19 Jackson, 160 S.W.3d at 573 (noting that the lower court had “correctly stated that | 1 | 1 |
Love v. Stategreen1 sentence2008See, e.g., Dashield v. State, 110 S.W.3d 111, 115 (Tex. App.–Houston [1st Dist.] 2003, pet. ref'd) (concluding that defendant could determine right from wrong); Love v. State, 909 S.W.2d 930, 943 (Tex. App.–El Paso 1995, pet. ref'd) (finding that defendant’s mental condition did not preclude him from distinguishing right from wrong); Plough v. State, 725 S.W.2d 494, 500 (Tex. App.–Corpus Christi 1987, no pet.) (holding that defendant was not so mentally ill that he was not able to know his conduct was wrong). 19 Jackson, 160 S.W.3d at 573 (noting that the lower court had “correctly stated that | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rhoten v. State
green
1 sentence2015“Texas does not recognize diminished capacity as an affirmative defense, i.e., a lesser form of the defense of insanity.” See Hart v. State, 314 S.W.3d 37 , 40 n. 1 (Tex. App.--Texarkana 2010, no pet.); Rhoten v. State, 299 S.W.3d 349 , 355 n. 8 (Tex. App.--Texarkana 2009, no pet.). | 1 | 2015–2015 |
Hart v. State
green
1 sentence2015“Texas does not recognize diminished capacity as an affirmative defense, i.e., a lesser form of the defense of insanity.” See Hart v. State, 314 S.W.3d 37 , 40 n. 1 (Tex. App.--Texarkana 2010, no pet.); Rhoten v. State, 299 S.W.3d 349 , 355 n. 8 (Tex. App.--Texarkana 2009, no pet.). | 1 | 2015–2015 |
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.