finding rejecting an affirmative defense (Texas) · Go Syfert
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finding rejecting an affirmative defense in Texas

21 Texas opinions name it 3 courts 2015–2025 8 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 (4)

CaseFollowedCited
Butcher, Charles E. Iigreen
texcrimapp · 2015 · cited in 11 Texas opinions naming this issue, 2015–2025
2 sentences

2025Butcher, 454 S.W.3d at 20 (citing Matlock, 392 S.W.3d at 671 ).

2023Id.; Butcher, 454 S.W.3d at 20 (citing Matlock, 392 S.W.3d at 670 ).

811
Matlock, Marcus Dewaynegreen
texcrimapp · 2013 · cited in 15 Texas opinions naming this issue, 2015–2025
2 sentences

2015“In a factual-sufficiency review of a finding rejecting an affirmative defense, and unlike in a legal-sufficiency review, courts examine the evidence in a neutral light.” Id. (citing Matlock, 392 S.W.3d at 671 ).

2015“In a factual-sufficiency review of a finding rejecting an affirmative defense, and unlike in a legal-sufficiency review, courts examine the evidence in a neutral light.” Id. (citing Matlock, 392 S.W.3d at 671 ).

215
Bourland, Heflin, Alvarez, Minor & Matthews, PLC v. Rodney Heaton and Margaret Heaton and Loeb Propertiesgreen
tennctapp · 2012 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See id.; Matlock, 393 S.W.3d at 671.

11
Harrell v. Stategreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015“A finding rejecting a defendant’s affirmative defense cannot be overruled unless, ‘after setting out the relevant evidence supporting the verdict, the court clearly states why the verdict is so much against the great weight of the evidence as to be manifestly unjust, conscience-shocking, or clearly biased.’ ” Id. (citing Matlock, 392 S.W.3d at 670 ). 3.Evidence Required by Defendant Section 20.04 requires proof the accused “performed ‘some overt and affirmative act’ which brought home to his victim that she had been ‘fully released from captivity.’ ” Harrell v. State, 65 S.W.3d 768, 772 (Tex.

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
Smith v. State green
texapp · 2011
2 sentences

2023Id. (citing Matlock v. State, 392 S.W.3d 662, 667 (Tex. Crim.

2021Smith, 355 S.W.3d at 148 ; Matlock, 392 S.W.3d at 671 .

22021–2023

Statutes the citing opinions construe

TX § Tex. Penal Code § 20.04 (9) TX § Tex. Penal Code § 19.02 (7) TX § Tex. Penal Code § 8.05 (6)

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.

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