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6 Texas opinions name it 2 courts 1986–2024 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.
| Case | Followed | Cited |
|---|---|---|
Wooten, Codiem Renoirgreen2 sentences2024PENAL CODE §§ 12.33(a), 19.02(d)). 4 We further observed: A defendant is entitled to a sudden-passion jury instruction if the record “at least minimally” supports the following inferences: 1. that the defendant was acting under the immediate influence of passion, such as terror, anger, rage, or resentment; 2. that his sudden passion was in fact induced by some provocation by the deceased, which provocation would commonly produce such a passion in a person of ordinary temper; 3. that he committed the murder before regaining his capacity for cool reflection; and 4. that a causal connection exist 2020See Kitchens, 2019 Tex. App. LEXIS 10417 , at *24 (citing Wooten v. State, 400 S.W.3d 601, 605 (Tex. Crim. | 2 | 3 |
McKinney v. Stategreen2 sentences2024App. 2013); McKinney v. State, 179 S.W.3d 565, 569 (Tex. Crim. 2009See McKinney , 179 S.W.3d at 569 . | 2 | 2 |
Cobarrubio v. Stategreen1 sentence2019A defendant is entitled to a sudden-passion jury instruction if the record “at least minimally” supports the following inferences: 1. that the defendant was acting under the immediate influence of passion, such as terror, anger, rage, or resentment; 2. that his sudden passion was in fact induced by some provocation by the deceased, which provocation would commonly produce such a passion in a person of ordinary temper; 3. that he committed the murder before regaining his capacity for cool reflection; and 4. that a causal connection existed “between the provocation, passion, and homicide.” 8 In | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Merchant v. State
green
1 sentence2019Merchant, 810 S.W.2d at 310 . | 1 | 2019–2019 |
Lawrence v. State
green
1 sentence1986Since voluntary manslaughter was not simply an incidental theory of the defense, cf. Lawrence, supra, we find that deletion of the instruction was egregiously harmful to appellant. | 1 | 1986–1986 |
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.