defendant requests a jury instruction (Texas) · Go Syfert
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defendant requests a jury instruction in Texas

15 Texas opinions name it 2 courts 1985–2022 1 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
Proctor v. Stategreen
texcrimapp · 1998 · cited in 11 Texas opinions naming this issue, 1998–2022
2 sentences

2012“If there is some such evidence and the defendant requests a jury instruction on the limitations defense, then the State must prove beyond a reasonable doubt that the prosecution is not limitations-barred.” Id.

1998Although limitations is referred to by the majority in Proctor v. State, 967 S.W.2d 840 (Tex.Crim.App.1998), as a "defense,” it is not a true defense as described in the Penal Code since it is still a matter the State must prove beyond a reasonable doubt, once raised: If there is some such evidence [that the prosecution is limitations-barred] and the defendant requests a jury instruction on the limitations defense, then the State must prove beyond a reasonable doubt that the prosecution is not limitations-barred.

711
Campbell v. Stategreen
texcrimapp · 1978 · cited in 2 Texas opinions naming this issue, 1985–1993
2 sentences

1993Campbell v. State, 571 S.W.2d 161, 162 (Tex.Crim.App.1978)....

1993Campbell v. State, 571 S.W.2d 161, 162 (Tex.Crim.App.1978)....

22
Tita v. Stategreen
texcrimapp · 2008 · cited in 2 Texas opinions naming this issue, 2009–2017
2 sentences

2017Tita v. State, 267 S.W.3d 33, 39 (Tex. Crim.

2009Tita , 267 S.W.3d at 39 ; Proctor , 967 S.W.2d at 844 .

12
Ex Parte Dotsongreen
texcrimapp · 2002 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008In re Dotson, 76 S.W.3d 393, 395 (Tex.Crim.App. 2002).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Statutes the citing opinions construe

TX § Tex. Penal Code § 31.03 (3) TX § Tex. Water Code § 7.162 (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

MI 38 (2002–2026) PA 23 (1996–2026) TX 15 (1985–2022) IN 6 (2004–2019) UT 4 (1995–2008) NJ 4 (2015–2026) GA 2 (2024–2025) LA 2 (1993–1993) NC 2 (1996–2007)

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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