properly requested instruction (Texas) · Go Syfert
← Texas issues

properly requested instruction in Texas

10 Texas opinions name it 1 courts 2009–2024 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 (10)

CaseFollowedCited
Robalin v. Stategreen
texapp · 2007 · cited in 3 Texas opinions naming this issue, 2009–2010
2 sentences

2010When a trial court erroneously refuses a properly requested instruction on a lesser-included offense, such that the jury’s only option is to convict or acquit on the main charge, a finding of harm is automatic, Robalin v. State, 224 S.W.3d 470, 477 (Tex. App.—Houston [1st Dist.] 2007, no pet.), because the jury was denied the opportunity to convict the defendant of the lesser offense.

2009When a trial court improperly refuses a properly requested instruction on a lesser-included offense, such that the jury's only option is to convict or acquit on the main charge, a finding of harm is automatic, Roblain v. State , 224 S.W.3d 470, 477 (Tex. App.--Houston [1st Dist.] 2007, no pet.), because the jury was denied the opportunity to convict the defendant of the lesser offense.

33
Ray v. Stategreen
texapp · 2003 · cited in 3 Texas opinions naming this issue, 2009–2010
2 sentences

2010Brock, 295 S.W.3d at 49 ; see Ray v. State, 106 S.W.3d 299, 303 (Tex. App.—Houston [1st Dist.] 2003, no pet.) (citing Saunders v. State, 913 S.W.2d 564, 571 (Tex. Crim.

2009Ray v. State , 106 S.W.3d 299, 303 (Tex. App.--Houston [1st Dist.] 2003, no pet.) (citing Saunders v. State , 106 S.W.2d 564, 571 (Tex. Crim.

33
Jones v. Stategreen
texcrimapp · 1976 · cited in 2 Texas opinions naming this issue, 2022–2024
2 sentences

2024Jones v. State, 544 S.W.2d 139, 142 (Tex. Crim.

2022Jones v. State, 544 S.W.2d 139, 142 (Tex. Crim.

22
Crown Life Insurance Company v. Casteelgreen
tex · 2000 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011Co. v. Casteel, 22 S.W.3d 378, 388 (Tex. 2000) (holding that "when a trial court submits a single broad-form liability question incorporating multiple theories of liability, the error is harmful and a new trial is required when an appellate court cannot determine whether the jury based its verdict on an improperly submitted invalid theory"); with Thomas v. Uzoka, 290 S.W.3d 437, 446 (Tex.App.--Houston [14th Dist.] 2009, pet. denied) (finding that because a requested instruction would not have produced a different outcome, the denial of a properly requested instruction was not harmful because a

2011Co. v. Casteel, 22 S.W.3d 378, 388 (Tex. 2000) (holding that "when a trial court submits a single broad-form liability question incorporating multiple theories of liability, the error is harmful and a new trial is required when an appellate court cannot determine whether the jury based its verdict on an improperly submitted invalid theory"); with Thomas v. Uzoka, 290 S.W.3d 437, 446 (Tex.App.--Houston [14th Dist.] 2009, pet. denied) (finding that because a requested instruction would not have produced a different outcome, the denial of a properly requested instruction was not harmful because a

22
Thomas v. Uzokagreen
texapp · 2009 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011Co. v. Casteel, 22 S.W.3d 378, 388 (Tex. 2000) (holding that "when a trial court submits a single broad-form liability question incorporating multiple theories of liability, the error is harmful and a new trial is required when an appellate court cannot determine whether the jury based its verdict on an improperly submitted invalid theory"); with Thomas v. Uzoka, 290 S.W.3d 437, 446 (Tex.App.--Houston [14th Dist.] 2009, pet. denied) (finding that because a requested instruction would not have produced a different outcome, the denial of a properly requested instruction was not harmful because a

2011Co. v. Casteel, 22 S.W.3d 378, 388 (Tex. 2000) (holding that "when a trial court submits a single broad-form liability question incorporating multiple theories of liability, the error is harmful and a new trial is required when an appellate court cannot determine whether the jury based its verdict on an improperly submitted invalid theory"); with Thomas v. Uzoka, 290 S.W.3d 437, 446 (Tex.App.--Houston [14th Dist.] 2009, pet. denied) (finding that because a requested instruction would not have produced a different outcome, the denial of a properly requested instruction was not harmful because a

22
Saunders v. Stategreen
texcrimapp · 1995 · cited in 2 Texas opinions naming this issue, 2009–2010
2 sentences

2010Brock, 295 S.W.3d at 49 ; see Ray v. State, 106 S.W.3d 299, 303 (Tex. App.—Houston [1st Dist.] 2003, no pet.) (citing Saunders v. State, 913 S.W.2d 564, 571 (Tex. Crim.

2009Ray v. State, 106 S.W.3d 299, 303 (Tex.App.-Houston [1st Dist.] 2003, no pet.) (citing Saunders v. State, 913 S.W.2d 564, 571 (Tex.Crim.App.1995)).

22
Shaw v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Shaw v. State, 243 S.W.3d 647, 658 (Tex. Crim.

11
Jenkins v. Stategreen
texcrimapp · 1995 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Jenkins v. State, 912 S.W.2d 793, 814 (Tex. Crim.

11
Masterson v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009See Masterson v. State , 155 S.W.3d 167, 171 (Tex. Crim.

11
American Fruit Growers, Inc. v. Hawkinsongreen
tennctapp · 1937 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009Ray v. State , 106 S.W.3d 299, 303 (Tex. App.--Houston [1st Dist.] 2003, no pet.) (citing Saunders v. State , 106 S.W.2d 564, 571 (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 (1)

CaseCitedYears
Brock v. State green
texapp · 2009
1 sentence

2010Brock, 295 S.W.3d at 49 ; see Ray v. State, 106 S.W.3d 299, 303 (Tex. App.—Houston [1st Dist.] 2003, no pet.) (citing Saunders v. State, 913 S.W.2d 564, 571 (Tex. Crim.

12010–2010

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.01 (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 12 (1979–2017) TX 10 (2009–2024) MO 6 (2015–2020) GA 4 (1984–2001) MD 2 (1976–1979) DC 2 (1987–1992)

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.

← Caselaw search · G Cite Topics · Brief Check