49 Texas opinions name it 2 courts 1991–2025 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.
| Case | Followed | Cited |
|---|---|---|
Saxton v. Stategreen2 sentences2020Saxton, 804 S.W.2d at 913 . 2017Saxton, 804 S.W.2d at 913 . | 7 | 14 |
Stefanoff v. Stategreen2 sentences2018If the defendant "adduces evidence, regardless of source and strength, raising every element of the defense, then the burden shifts to the State to disprove the defense beyond a reasonable doubt." Stefanoff v. State , 78 S.W.3d 496 , 500 (Tex. App.-Austin 2002, pet. ref'd) (citing TEX. 2005See Stefanoff v. State , 78 S.W.3d 496, 500 (Tex. App. C Austin 2002, pet. ref = d) (holding that necessity is a statutory defense, and if the defendant presents some evidence on each element of the defense, then the burden shifts to the State to disprove the defense beyond a reasonable doubt). | 5 | 8 |
Thomas v. Stategreen2 sentences2018PENAL CODE ANN. § 2.03(d) ; Thomas v. State, 678 S.W.2d 82 , 84 (Tex. Crim. 2014Id. § 2.03(d); Thomas v. State, 678 S.W.2d 82, 84 (Tex. Crim. | 5 | 6 |
Zuliani v. Stategreen2 sentences2020See Zuliani v. State, 97 S.W.3d 589, 594-95 (Tex. Crim. 2019That is, a defendant who raises self-defense to defeat a murder charge bears the initial burden to produce some evidence to support his self-defense claim.11 Once the defendant satisfies this burden of production, the burden of persuasion rests with the State to disprove the defense.12 “This burden does not require the production of additional evidence rebutting self-defense; it requires the State to prove its case beyond a reasonable doubt.”13 When the trier of fact finds the defendant guilty, there is an implicit finding rejecting the defendant’s self-defense claim.14 Our sister court in Hou | 4 | 10 |
Braughton, Christopher Ernestgreen2 sentences2025See Braughton, 569 S.W.3d at 608 . 2023See Braughton, 569 S.W.3d at 608 . | 3 | 3 |
Kenneth Ramone Dearborn, II v. Stategreen2 sentences2019Zuliani, 97 S.W.3d at 594 ; see also Dearborn, 420 S.W.3d at 373 . 2019App. 2003). 11 Id. 12 13 Dearborn v. State, 420 S.W.3d 366, 372 (Tex. App.—Houston [14th Dist.] 2014, no pet.). | 2 | 2 |
Luck v. Stategreen2 sentences2006The court of appeals explained: Luck v. State , 588 S.W.2d 371, 375 (Tex. Crim. 1991In other words, the defendant has the burden of producing evidence to raise a defense, but the prosecution has the final burden of persuasion to disprove it.” Luck, 588 S.W.2d at 375 . | 1 | 2 |
Dean v. Stategreen2 sentences2015Stat. Ann. art. 581-37, if raised, “the burden shift[s] to the State to disprove such defense beyond a reasonable doubt.” Dean v. State, 433 S.W.2d 173, 178 (Tex. Crim. 2015Dean, 433 S.W.2d at 178 . | 1 | 1 |
Brooks v. Stategreen1 sentence2011A defendant has the initial burden of producing a prima facie case of entrapment.3 Once evidence is produced, the burden shifts to the State to disprove the defense beyond a reasonable doubt.4 This burden of persuasion does not require the State to produce evidence to refute the entrapment claim, but requires only that it prove its case beyond a reasonable doubt. 5 Normally, as 2 Brooks v. State, 323 S.W.3d 893, 912 (Tex. Crim. | 1 | 1 |
Russell v. Stategreen1 sentence2005Tex. Pen.Code Ann. § 2.03 (Vernon 2003); Russell v. State, 904 S.W.2d 191, 197 (Tex.App.-Amarillo 1995, pet. ref d). | 1 | 1 |
Moosani v. Stategreen1 sentence1994Moosani v. State, 866 S.W.2d 736, 738 (Tex.App.—Houston [14th Dist.] 1993, no pet.) (citing Johnson v. State, 571 S.W.2d 170 , 173 n. 4 (Tex.Crim.App.1978)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hernandez v. State
green
2 sentences2024Id. at 498 . 2020Hernandez, 161 S.W.3d at 498 ; Bien, 530 S.W.3d at 184 . | 3 | 2016–2024 |
Bien v. State
green
1 sentence2020Hernandez, 161 S.W.3d at 498 ; Bien, 530 S.W.3d at 184 . | 1 | 2020–2020 |
Clewis v. State
red
1 sentence2011App. 2010) (overruling Clewis v. State, 922 S.W.2d 126 , 131–32 (Tex. Crim. | 1 | 2011–2011 |
Johnson v. State
green
1 sentence1994Moosani v. State, 866 S.W.2d 736, 738 (Tex.App.—Houston [14th Dist.] 1993, no pet.) (citing Johnson v. State, 571 S.W.2d 170 , 173 n. 4 (Tex.Crim.App.1978)). | 1 | 1994–1994 |
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.
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.