murder instruction (Texas) · Go Syfert
← Texas issues

murder instruction in Texas

7 Texas opinions name it 2 courts 1986–2025 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 (3)

CaseFollowedCited
Homan v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Homan, 19 S.W.3d at 848 & n.3 (“Appellant cites no precedent in support of his argument, although he does rely on past dissenting opinions from this Court.” (citing the same dissents in a footnote)). 15 holds that a defendant’s murder of a complainant may establish the murder requirement for capital murder and establish the felony component of the underlying burglary, elevating the offense to capital murder without violating a defendant’s right to due process.

11
Kirsch, Scott Alangreen
texcrimapp · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Kirsch v. State, 357 S.W.3d 645, 649 (Tex. Crim.

11
Kinnamon v. Stategreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 1999–1999
1 sentence

1999Kinnamon v. State, 791 S.W.2d 84, 97 (Tex.Crim.App.1990)(since the evidence did not authorize submission of a murder instruction as a lesser included offense appellant’s trial counsel was not ineffective for failing to request it), overruled on other grounds, Cook v. State, 884 S.W.2d 485 (1994).

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 (5)

CaseCitedYears
Beck v. Alabama green
scotus · 1980
1 sentence

2025He relies on Beck v. Alabama, 447 U.S. 625 (1980).

12025–2025
Cavazos, Abraham green
texcrimapp · 2012
1 sentence

2015The Cavazos court held that “[p]ulling out a gun, pointing it at someone, pulling the trigger twice, fleeing the scene (and the country), and later telling a friend ‘I didn’t mean to shoot anyone’ does not rationally support an inference that Appellant acted recklessly at the moment he fired the shots.” 382 S.W.3d at 385 .

12015–2015
Cobarrubio v. State green
texcrimapp · 1983
2 sentences

1999It was reversed for not including the sudden passion element within the murder instruction. 675 S.W.2d at 752 .

1999It was reversed for not including the sudden passion element within the murder instruction. 675 S.W.2d at 752 .

11999–1999
Cook v. State green
texcrimapp · 1994
1 sentence

1999Kinnamon v. State, 791 S.W.2d 84, 97 (Tex.Crim.App.1990)(since the evidence did not authorize submission of a murder instruction as a lesser included offense appellant’s trial counsel was not ineffective for failing to request it), overruled on other grounds, Cook v. State, 884 S.W.2d 485 (1994).

11999–1999
Fortenberry v. State green
texcrimapp · 1979
2 sentences

1986We acknowledge that our holding conflicts with this Court's decisions of County and Fortenberry, supra. To the extent of any conflict, those cases are expressly overruled.

1986We acknowledge that our holding conflicts with this Court’s decisions of County and Fortenberry, supra. To the extent of any conflict, those cases are expressly overruled.

11986–1986

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (4)

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

IL 35 (1974–2019) MS 25 (1928–2009) CA 22 (1985–2024) KY 15 (1912–2022) WV 8 (1948–1992) TX 7 (1986–2025) IN 6 (1993–2014) PA 5 (1998–2017) OH 5 (1998–2016) NM 3 (2013–2023) WA 3 (2009–2018) MA 3 (1996–2017) AZ 3 (1977–2017) KS 2 (2006–2012) RI 2 (1977–2001) SD 2 (1992–2001) MO 2 (1950–1988) CT 2 (2016–2018) AL 2 (1993–1993) OK 2 (1991–2000)

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