elements of self defense (Texas) · Go Syfert
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elements of self defense in Texas

11 Texas opinions name it 1 courts 2015–2024 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 (2)

CaseFollowedCited
Gamino, Cesar Alejandrogreen
texcrimapp · 2017 · cited in 8 Texas opinions naming this issue, 2018–2022
2 sentences

2022“A trial court errs in denying a self defense instruction if there is some evidence, from any source, when viewed in the light most favorable to the defendant, that will support the elements of self defense.” Gamino v. State, 537 S.W.3d 507, 510 (Tex. Crim.

2020“A trial court errs in denying a self defense instruction if there is some evidence, from any source, when viewed in the light most favorable to the defendant, that will support the elements of self defense.” Id. 15 However, “the use of force against another is not justified . . . if the actor sought an explanation from or discussion with the other person concerning the actor’s differences with the other person while the actor was carrying a weapon in violation of section 46.02.” TEX.

68
Shaw v. Stategreen
texcrimapp · 2007 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Shaw v. State, 243 S.W.3d 647, 657 (Tex. Crim.

2015See Shaw v. State, 243 S.W.3d 647, 657 (Tex. Crim.

22

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
Almanza v. State green
texcrimapp · 1985
1 sentence

2024According to Aguilar, “there was some evidence, from [him], that . . . supports the elements of self- defense.” Relying on Almanza v. State, 686 S.W.2d 157 (Tex. Crim.

12024–2024

Statutes the citing opinions construe

TX § Tex. Penal Code § 9.31 (7) TX § Tex. Penal Code § 2.03 (3) TX § Tex. Penal Code § 22.01 (3) TX § Tex. Penal Code § 22.02 (3) TX § Tex. Penal Code § 9.02 (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.

Where else courts name it

OH 27 (2007–2026) IL 12 (2020–2026) TX 11 (2015–2024) SC 6 (1981–2023) AL 6 (1898–1978) MN 5 (1979–2024) PA 5 (2022–2024) CT 3 (1984–2008) MS 2 (2001–2002) IN 2 (2005–2018) IA 2 (2017–2017)

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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