lesser-included offense before instruction (Texas) · Go Syfert
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lesser-included offense before instruction in Texas

13 Texas opinions name it 2 courts 1998–2022 2 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
Hampton v. Statered
texcrimapp · 2003 · cited in 5 Texas opinions naming this issue, 2008–2013
2 sentences

2013Id. (quoting Hampton v. State, 109 S.W.3d 437, 441 (Tex. Crim.

2008Submission of a lesser-included offense is not required simply because the jury may disbelieve crucial evidence pertaining to the greater offense; rather, there must be some evidence directly germane to the lesser-included offense before an instruction on a lesser-included offense is warranted. <EM>Hampton v. State</EM>, 109 S.W.3d 437, 441 (Tex. Crim.

55
Bignall v. Stategreen
texcrimapp · 1994 · cited in 3 Texas opinions naming this issue, 1998–2021
2 sentences

2021Bignall v. State, 887 S.W.2d 21, 24 (Tex. Crim.

2006Bignall v. State , 887 S.W.2d 21, 24 (Tex. Crim.

33
Goad, Joshua Leegreen
texcrimapp · 2011 · cited in 2 Texas opinions naming this issue, 2012–2013
2 sentences

2013Id. (quoting Hampton v. State, 109 S.W.3d 437, 441 (Tex. Crim.

2012Goad, 2011 WL 5375119, at *2 (citing Hampton v. State, 109 S.W.3d 437, 441 (Tex. Crim.

12
SWEED v. Stategreen
texcrimapp · 2011 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Sweed v. State, 351 S.W.3d 63, 68 (Tex. Crim.

11
Ramirez v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Id.; Ramirez v. State, 976 S.W.2d 219, 227 (Tex.App. – El Paso 1998, pet. ref’d).

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 (2)

CaseCitedYears
Dobbins v. State green
texapp · 2007
2 sentences

2012Dobbins, 228 S.W.3d at 768 .

2011Id.

22011–2012
Wortham, Ronald Eugene Jr. green
texcrimapp · 2013
1 sentence

2014Wortham, 412 S.W.3d at 557–58.

12014–2014

Statutes the citing opinions construe

TX § Tex. Penal Code § 1.07 (3) TX § Tex. Penal Code § 19.02 (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.

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