multiple assailants instruction (Texas) · Go Syfert
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multiple assailants instruction in Texas

13 Texas opinions name it 3 courts 1998–2023 3 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 (9)

CaseFollowedCited
Frank v. Stategreen
texcrimapp · 1985 · cited in 6 Texas opinions naming this issue, 1998–2023
2 sentences

2023Frank v. State, 688 S.W.2d 863, 868 (Tex. Crim.

1998A defendant is entitled to a multiple assailants instruction if “there is evidence, viewed from accused’s standpoint, that he was in danger of unlawful attack or a threatened attack at the hands of more than one assailant.” Frank v. State, 688 S.W.2d 863, 868 (Tex.Crim.App.1985) (quoting Wilson v. State, 140 Tex.Crim. 424 , 145 S.W.2d 890, 893 (1940)).

66
Wilson v. Stategreen
texcrimapp · 1940 · cited in 2 Texas opinions naming this issue, 1998–2021
2 sentences

1998A defendant is entitled to a multiple assailants instruction if “there is evidence, viewed from accused’s standpoint, that he was in danger of unlawful attack or a threatened attack at the hands of more than one assailant.” Frank v. State, 688 S.W.2d 863, 868 (Tex.Crim.App.1985) (quoting Wilson v. State, 140 Tex.Crim. 424 , 145 S.W.2d 890, 893 (1940)).

1998A defendant is entitled to a multiple assailants instruction if “there is evidence, viewed from accused’s standpoint, that he was in danger of unlawful attack or a threatened attack at the hands of more than one assailant.” Frank v. State, 688 S.W.2d 863, 868 (Tex.Crim.App.1985) (quoting Wilson v. State, 140 Tex.Crim. 424 , 145 S.W.2d 890, 893 (1940)).

22
Dickey v. Stategreen
texcrimapp · 1999 · cited in 2 Texas opinions naming this issue, 2008–2015
2 sentences

2015See Dickey, 22 S.W.3d at 492-93 (holding there was no harm for exclusion of a multiple assailants instruction because the evidence that the deceased and another were acting in concert was ambiguous at best).

2008See Dickey , 22 S.W.3d at 492 (majority opinion); Collier , 2002 WL 1824967 , at *7.

22
Brown v. Stategreen
texcrimapp · 1983 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Brown v. State, 651 S.W.2d 782, 784 (Tex. Crim.

2015See Brown v. State, 651 S.W.2d 782, 784 (Tex. Crim.

22
Jeremy Deshawn Dugar v. Stategreen
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See, e.g., Dugar, 2015 Tex. App. LEXIS 3519 at *12 ; Echavarria v. State, 362 S.W.3d 148, 152 (Tex. App.–San Antonio 2011, pet. ref’d). 17 Gross v. State, 380 S.W.3d 181, 186 (Tex. Crim.

11
Gerardo Echavarria, Jr. v. Stategreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See, e.g., Dugar, 2015 Tex. App. LEXIS 3519 at *12 ; Echavarria v. State, 362 S.W.3d 148, 152 (Tex. App.–San Antonio 2011, pet. ref’d). 17 Gross v. State, 380 S.W.3d 181, 186 (Tex. Crim.

11
Gross v. Stategreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See, e.g., Dugar, 2015 Tex. App. LEXIS 3519 at *12 ; Echavarria v. State, 362 S.W.3d 148, 152 (Tex. App.–San Antonio 2011, pet. ref’d). 17 Gross v. State, 380 S.W.3d 181, 186 (Tex. Crim.

11
Goodspeed v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Accordingly, we may not hold counsel’s performance deficient unless “the challenged conduct was so outrageous that no competent attorney would have engaged in it.” Goodspeed v. State, 187 S.W.3d 390, 392 (Tex. Crim.

11
Vasquez v. Stategreen
texcrimapp · 1992 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013In Vasquez v. State, the first case cited by appellant, the court held that trial counsel was ineffective when he failed to request a jury charge instruction on the necessity defense. 830 S.W.2d 948, 949 (Tex. Crim.

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
Sanders v. State green
texcrimapp · 1982
2 sentences

2021Id. at 348 .

2020Id. at 348 .

22020–2021
Posey v. State green
texcrimapp · 1998
1 sentence

2015Posey, 966 S.W.2d at 62 .

12015–2015

Statutes the citing opinions construe

TX § Tex. Penal Code § 9.31 (7) TX § Tex. Penal Code § 9.32 (7) TX § Tex. Penal Code § 19.02 (6) TX § Tex. Penal Code § 9.04 (3) TX § Tex. Penal Code § 9.05 (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

TX 13 (1998–2023) CO 7 (2011–2026)

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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