127 Texas opinions name it 5 courts 1997–2026 26 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 |
|---|---|---|
Bufkin v. Stategreen2 sentences2026App. 2011) (quoting Tex. Penal Code Ann. § 2.05 (b)(1)). “[W]hen reviewing a trial court’s decision to deny a requested defensive instruction, . . . we view the evidence in the light most favorable to the defendant’s requested submission.” Bufkin v. State, 207 S.W.3d 779, 782 (Tex. Crim. 2026When reviewing a trial court’s decision to deny a requested defensive instruction, “we view the evidence in the light most favorable to the defendant’s requested submission.” Bufkin v. State, 207 S.W.3d 779, 782 (Tex. Crim. | 57 | 58 |
Hamel v. Stategreen2 sentences2021Id. 2016Hamel v. State, 916 S.W.2d 491, 493 (Tex. Crim. | 18 | 22 |
Farmer, Kody Williamgreen2 sentences2024Farmer v. State, 411 S.W.3d 901, 906 (Tex. Crim. 2020Farmer v. State, 411 S.W.3d 901, 906 (Tex. Crim. | 14 | 14 |
Gamino, Cesar Alejandrogreen2 sentences2023“We view the evidence in the light most favorable to the defendant’s requested defensive instruction.” Id. (citing Gamino v. State, 537 S.W.3d 507, 510 (Tex. Crim. 2023“We view the evidence in the light most favorable to the defendant’s requested defensive instruction.” Id. (citing Gamino v. State, 537 S.W.3d 507, 510 (Tex. Crim. | 11 | 12 |
Brazelton v. Stategreen2 sentences2011See Brazelton, 947 S.W.2d at 646 ; see also Lowe, 2008 Tex. App. LEXIS 3666 , at *2. 2008Id. | 8 | 10 |
Hayes v. Stategreen2 sentences2020Hayes v. State, 728 S.W.2d 804, 807 (Tex. Crim. 2010Hayes v. State, 728 S.W.2d 804, 807 (Tex.Crim.App.1987). | 3 | 6 |
Ferrel v. Stategreen2 sentences2015Bufkin v. State, 207 S.W.3d 779, 782 (Tex.Crim.App.2006); Ferrel v. State, 55 S.W.3d 586, 591 (Tex.Crim.App. 2001). 2012However, “if the evidence, viewed in the light most favorable to the defendant, does not establish self-defense, the defendant is not entitled to an instruction on the issue.” Ferrel, 55 S.W.3d at 591 . | 2 | 5 |
Beltran, Ricardo v. Stategreen2 sentences2024Beltran v. State, 472 S.W.3d 283, 290 (Tex. Crim. 2021Beltran v. State, 472 S.W.3d 283, 290 (Tex. Crim. | 2 | 2 |
Walters v. Stategreen2 sentences2016Proc. art. 36.14. 14 Walters v. State, 247 S.W.3d 204, 208-09 (Tex. Crim. 2016Proc. art. 36.14. 3 Walters v. State, 247 S.W.3d 204, 208-09 (Tex. Crim. | 2 | 2 |
Arline v. Stategreen2 sentences2003Arline v. State, 721 S.W.2d 348, 351-52 (Tex. Crim. 2003Arline v. State , 721 S.W.2d 348, 351-52 (Tex. Crim. | 2 | 2 |
Shaw v. Stategreen2 sentences2023“We view the evidence in the light most favorable to the defendant’s requested defensive instruction.” Id. (citing Gamino v. State, 537 S.W.3d 507, 510 (Tex. Crim. 2023“We view the evidence in the light most favorable to the defendant’s requested defensive instruction.” Id. (citing Gamino v. State, 537 S.W.3d 507, 510 (Tex. Crim. | 1 | 8 |
Pennington v. Stategreen2 sentences2013Pennington v. State, 54 S.W.3d 852, 859 (Tex.App.-Fort Worth 2001, pet. ref'd) (finding some harm when the defendant admitted to possessing contraband and no instruction was given on the defense of necessity). 2009Almanza, 686 S.W.2d at 171 ; Pennington, 54 S.W.3d at 856 . | 1 | 4 |
Shawn Pierre Lee v. Stategreen2 sentences2018Bufkin, 207 S.W.3d at 782 ; Lee, 442 S.W.3d at 577 . 2016“When reviewing a trial court’s decision to deny a requested defensive instruction, we view the evidence in the light most favorable to the defendant’s requested submission.” Lee v. State, 442 S.W.3d 569, 576-77 (Tex.App.-San Antonio 2014), citing Bufkin v. State, 207 S.W.3d 779, 782 (Tex.Crim.App.2006). | 1 | 2 |
Kirsch, Scott Alangreen1 sentence2022See Kirsch v. State, 357 S.W.3d 645, 649 (Tex. Crim. | 1 | 1 |
Granger v. Stategreen1 sentence2010Granger v. State, 3 S.W.3d 36, 38 (Tex. Crim. | 1 | 1 |
Miller v. Stategreen1 sentence2001Hamel v. State, 916 S.W.2d 491, 493 (Tex.Crim.App.1996) (recognizing that “an accused has the right to an instruction on any defensive issue raised by the evidence, whether that evidence is weak or strong, unimpeached or contradicted, and regardless of what the trial court may or may not think about the credibility of the defense”); Miller v. State 815 S.W.2d 582, 585 (Tex.Crim.App.1991) (op. on reh’g); Brazelton v. State, 947 S.W.2d 644, 646 (Tex.App.—Fort Worth 1997, no pet.). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Almanza v. State
green
2 sentences2018Id. 2018Id. | 7 | 2009–2018 |
Durden v. State
green
2 sentences2010Durden, 290 S.W.3d at 416 . 2010Durden, 290 S.W.3d at 416 . | 2 | 2010–2010 |
Barnes v. State
green
2 sentences2009Hamel v. State, 916 S.W.2d 491, 493 (Tex.Crim.App. 1996); Barnes, 70 S.W.3d at 304 . 2009Hamel v. State, 916 S.W.2d 491, 493 (Tex.Crim.App. 1996); Barnes, 70 S.W.3d at 304 . | 2 | 2009–2009 |
Schier v. State
green
2 sentences2015Conclusion Although trial courts should err on the side of caution when considering a requested defensive instruction, they retain a duty to prevent irrational verdicts based on speculation. “[T]he law of self-defense . . . has well-defined limitations, marked 134 Id. at 343 . 135 Id. at 343-44 . 136 Id. at 344 . 137 Id. 138 Id. (citation omitted). 29 out by human experience. 2015Conclusion Although trial courts should err on the side of caution when considering a requested defensive instruction, they retain a duty to prevent irrational verdicts based on speculation. “[T]he law of self-defense . . . has well-defined limitations, marked 134 Id. at 343 . 135 Id. at 343-44 . 136 Id. at 344 . 137 Id. 138 Id. (citation omitted). 29 out by human experience. | 1 | 2015–2015 |
Lightbourne v. McCollum
green
1 sentence2015Id. (citing Bufkin v. State, 207 S.W.3d 779, 782 (Tex. Crim. | 1 | 2015–2015 |
McGarity v. State
green
1 sentence2009Id. | 1 | 2009–2009 |
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.