44 Texas opinions name it 2 courts 1976–2025 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 |
|---|---|---|
Vasquez v. Stategreen2 sentences2018A failure to request an instruction on voluntary conduct simply because the evidence raises the issue does not mean counsel was ineffective, as defensive issues “frequently depend upon trial strategy and tactics.” See Tolbert v. State, 306 S.W.3d 776 , 779–82 (Tex. Crim. 20 App. 2010 ); see also Vasquez v. State, 830 S.W.2d 948 , 950 n.3 (Tex. Crim. 2013Even if the law permitted counsel to obtain an instruction on mistake of fact under these circumstances, the failure to request the instruction was not objectively unreasonable because defensive issues “frequently depend upon trial strategy and tactics.” See Tolbert v. State, 306 S.W.3d 776, 779-82 (Tex.Crim.App.2010); see also Vasquez v. State, 830 S.W.2d 948 , 950 n. 3 (Tex.Crim.App.1992) (“[J]ust because a competent defense attorney recognizes that a particular defense might be available to a particular offense, he or she could also decide it would be inappropriate to propound such a defens | 6 | 13 |
Otiquio Flores, Jr. A/K/A Otiguio Flores, Jr. v. Stategreen2 sentences2005Flores v. State , 42 S.W.3d 277, 282 (Tex.App.--Corpus Christi 2001, no pet.); see also Autry v. State, 27 S.W.3d 177, 181 (Tex.App.--San Antonio 2000, pet. ref'd). 2002Flores v. State , 42 S.W.3d 277, 282 (Tex.App.--Corpus Christi 2001, no pet.); see also Autry v. State, 27 S.W.3d 177, 181 (Tex.App.--San Antonio 2000, pet. ref'd). | 4 | 4 |
Autry v. Stategreen2 sentences2005Flores v. State , 42 S.W.3d 277, 282 (Tex.App.--Corpus Christi 2001, no pet.); see also Autry v. State, 27 S.W.3d 177, 181 (Tex.App.--San Antonio 2000, pet. ref'd). 2002Flores v. State , 42 S.W.3d 277, 282 (Tex.App.--Corpus Christi 2001, no pet.); see also Autry v. State, 27 S.W.3d 177, 181 (Tex.App.--San Antonio 2000, pet. ref'd). | 4 | 4 |
Tolbert v. Stategreen2 sentences2025App. 2013) (“Even if the law permitted counsel to obtain an instruction on mistake of fact under these circumstances, the failure to request the instruction was not objectively unreasonable because defensive issues ‘frequently depend upon trial strategy and tactics.’” (quoting Tolbert v. State, 306 S.W.3d 776 , 779–82 (Tex. Crim. 2018A failure to request an instruction on voluntary conduct simply because the evidence raises the issue does not mean counsel was ineffective, as defensive issues “frequently depend upon trial strategy and tactics.” See Tolbert v. State, 306 S.W.3d 776 , 779–82 (Tex. Crim. 20 App. 2010 ); see also Vasquez v. State, 830 S.W.2d 948 , 950 n.3 (Tex. Crim. | 3 | 5 |
Busse v. Pacific Cattle Feeding Fund 1, Ltd.green2 sentences2003Busse v. Pacific Cattle Feeding Fund No. 1, Ltd. , 896 S.W.2d 807, 815 (Tex. App.--Texarkana 1995, writ denied) (holding that the failure to request an instruction to disregard waives the complaint). 2003Busse v. Pacific Cattle Feeding Fund No. 1, Ltd. , 896 S.W.2d 807, 815 (Tex. App.--Texarkana 1995, writ denied) (holding that the failure to request an instruction to disregard waives the complaint). | 3 | 3 |
Strickland v. Washingtongreen2 sentences2015To show, on appeal, ineffective assistance of counsel, Appellant must demonstrate that trial counsel’s performance was deficient because it fell below an objective standard of reasonableness, and, but for counsel’s errors, the result of the proceeding would have been different See Strickland v. Washington, 466 U.S.668, 688, 692, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Ryland v. State, 101 S.W.3d 107 , 109–10 (Tex. Crim. 2015To show, on appeal, ineffective assistance of counsel, Appellant must demonstrate that trial counsel’s performance was deficient because it fell below an objective standard of reasonableness, and, but for counsel’s errors, the result of the proceeding would have been different See Strickland v. Washington, 466 U.S.668, 688, 692, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Ryland v. State, 101 S.W.3d 107 , 109–10 (Tex. Crim. | 2 | 3 |
Okonkwo, Chidiebele Gabrielgreen2 sentences2021Even if, as the majority concludes, appellant would have been entitled to an instruction on sudden passion if counsel requested it, “the failure to request the instruction was not objectively unreasonable because defensive issues frequently depend upon trial strategy and tactics.” Okonkwo v. State, 398 S.W.3d 689, 697 (Tex. Crim. 2021Even if appellant would have been entitled to an instruction on consent if counsel requested it, “the failure to request the instruction was not objectively unreasonable because defensive issues frequently depend upon trial strategy and tactics.” Okonkwo v. State, 398 S.W.3d 689, 697 (Tex. Crim. | 2 | 2 |
Wood v. Stategreen2 sentences2015Rollins wasn’t entitled to the lesser-included offense of resisting because there is no evidence that he’s guilty of only resisting. 214 Rollins’ Motion for New Trial’s ineffective assistance of counsel claim only alleged that counsel should’ve requested a self-defense instruction in the jury charge; see Nava, 415 S.W.3d at 307—08; Lopez, 343 S.W.3d 143 ; Hernandez, 2014 WL 1101587 , at *2-3. 215 See e.g., Williams v. State, No. 08-02-00310-CR, 2004 WL 309265 at *6 (Tex. App.-El Paso, Feb. 19, 2004, pet. ref’d); Wood v. State, 4 S.W.3d 85, 87 (Tex. App.-Fort Worth 1999, pet. ref’d); Davis v. S 2001Wood v. State, 4 S.W.3d 85, 87-88 (Tex.App.-Fort Worth 1999, pet. ref'd). | 2 | 2 |
Ex Parte Whitegreen2 sentences2013See, e.g., Ex parte White, 160 S.W.3d 46, 55 (Tex. Crim. 2012See, e.g., Ex parte White, 160 S.W.3d 46, 55 (Tex. Crim. | 2 | 2 |
Young v. Stategreen2 sentences2015See Young v. State, 137 S.W.3d 65, 70 (Tex.Crim.App.2004). 2010Id. at 70 . | 1 | 3 |
Ex Parte Zepedagreen2 sentences2008See Ex parte Zepeda , 819 S.W.2d at 877. 1998Id. at 876 . | 1 | 3 |
Delgado v. Stategreen1 sentence2020See id. | 1 | 1 |
Young v. Stategreen2 sentences2015Young v. State, 991 S.W.2d 835, 839 (Tex. Crim. 2015See Young, 991 S.W.2d at 839 . | 1 | 1 |
Lynn v. Stategreen2 sentences2015Rollins wasn’t entitled to the lesser-included offense of resisting because there is no evidence that he’s guilty of only resisting. 214 Rollins’ Motion for New Trial’s ineffective assistance of counsel claim only alleged that counsel should’ve requested a self-defense instruction in the jury charge; see Nava, 415 S.W.3d at 307—08; Lopez, 343 S.W.3d 143 ; Hernandez, 2014 WL 1101587 , at *2-3. 215 See e.g., Williams v. State, No. 08-02-00310-CR, 2004 WL 309265 at *6 (Tex. App.-El Paso, Feb. 19, 2004, pet. ref’d); Wood v. State, 4 S.W.3d 85, 87 (Tex. App.-Fort Worth 1999, pet. ref’d); Davis v. S 2015Rollins wasn’t entitled to the lesser-included offense of resisting because there is no evidence that he’s guilty of only resisting. 214 Rollins’ Motion for New Trial’s ineffective assistance of counsel claim only alleged that counsel should’ve requested a self-defense instruction in the jury charge; see Nava, 415 S.W.3d at 307—08; Lopez, 343 S.W.3d 143 ; Hernandez, 2014 WL 1101587 , at *2-3. 215 See e.g., Williams v. State, No. 08-02-00310-CR, 2004 WL 309265 at *6 (Tex. App.-El Paso, Feb. 19, 2004, pet. ref’d); Wood v. State, 4 S.W.3d 85, 87 (Tex. App.-Fort Worth 1999, pet. ref’d); Davis v. S | 1 | 1 |
Barrow, Wade, Guthrie & Co. v. Stroudgreen1 sentence2015Compare Barrow, Wade, Guthrie & Co. v. Stroud, 125 S.W.2d 365, 368 (Tex. Civ. | 1 | 1 |
Davis v. Stategreen1 sentence2015Rollins wasn’t entitled to the lesser-included offense of resisting because there is no evidence that he’s guilty of only resisting. 214 Rollins’ Motion for New Trial’s ineffective assistance of counsel claim only alleged that counsel should’ve requested a self-defense instruction in the jury charge; see Nava, 415 S.W.3d at 307—08; Lopez, 343 S.W.3d 143 ; Hernandez, 2014 WL 1101587 , at *2-3. 215 See e.g., Williams v. State, No. 08-02-00310-CR, 2004 WL 309265 at *6 (Tex. App.-El Paso, Feb. 19, 2004, pet. ref’d); Wood v. State, 4 S.W.3d 85, 87 (Tex. App.-Fort Worth 1999, pet. ref’d); Davis v. S | 1 | 1 |
Nava, Andres Maldonadogreen1 sentence2015Rollins wasn’t entitled to the lesser-included offense of resisting because there is no evidence that he’s guilty of only resisting. 214 Rollins’ Motion for New Trial’s ineffective assistance of counsel claim only alleged that counsel should’ve requested a self-defense instruction in the jury charge; see Nava, 415 S.W.3d at 307—08; Lopez, 343 S.W.3d 143 ; Hernandez, 2014 WL 1101587 , at *2-3. 215 See e.g., Williams v. State, No. 08-02-00310-CR, 2004 WL 309265 at *6 (Tex. App.-El Paso, Feb. 19, 2004, pet. ref’d); Wood v. State, 4 S.W.3d 85, 87 (Tex. App.-Fort Worth 1999, pet. ref’d); Davis v. S | 1 | 1 |
Parr v. Stategreen1 sentence1990Parr v. State, 606 S.W.2d 928, 931 (Tex.Crim.App.1980). | 1 | 1 |
Stearn v. Stategreen2 sentences1976See Steam v. State, 487 S.W.2d 734 (Tex.Cr.App.1972). 1976See Stearn v. State, 487 S.W.2d 734 (Tex. Cr.App.1972). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bone v. State
green
2 sentences2008See Strickland, 466 U.S. at 687-88 ; Bone, 77 S.W.3d at 833 . 2008See Strickland , 466 U.S. at 687-88 ; Bone , 77 S.W.3d at 833 . | 2 | 2008–2008 |
Shanklin v. State
green
1 sentence2015App. 1985)). 213 Shanklin, 190 S.W.3d at 159 ; Williams, 2009 WL 350608 , at *4. 44 because the record is silent regarding counsel’s trial strategy at the charge conference, the appellate court must presume that there was a plausible reason for not requesting an instruction on the lesser-included offense of resisting arrest and that he acted within the range of reasonable professional assistance.214 Several courts, including this one, have held that the failure to request an instruction on a lesser-included offense can be a valid and reasonable trial strategy.215 The “all or nothing” strategy | 1 | 2015–2015 |
Rylander v. State
green
1 sentence2015To show, on appeal, ineffective assistance of counsel, Appellant must demonstrate that trial counsel’s performance was deficient because it fell below an objective standard of reasonableness, and, but for counsel’s errors, the result of the proceeding would have been different See Strickland v. Washington, 466 U.S.668, 688, 692, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Ryland v. State, 101 S.W.3d 107 , 109–10 (Tex. Crim. | 1 | 2015–2015 |
Juarez v. State
green
1 sentence2013DISCUSSION The Medical-Care Defense We have addressed the confession and avoidance doctrine in both Juarez v. State 6 and Cornet v. State;7 however, we have not faced a scenario involving a pretrial 6 308 S.W.3d 398 . 7 359 S.W.3d 217 . | 1 | 2013–2013 |
Cornet v. State
green
1 sentence2013DISCUSSION The Medical-Care Defense We have addressed the confession and avoidance doctrine in both Juarez v. State 6 and Cornet v. State;7 however, we have not faced a scenario involving a pretrial 6 308 S.W.3d 398 . 7 359 S.W.3d 217 . | 1 | 2013–2013 |
Posey v. State
green
1 sentence1998Posey, 966 S.W.2d at 57 ; Alman-za, 686 S.W.2d at 171. | 1 | 1998–1998 |
Fluty v. Simmons Co.
green
2 sentences1998Id. 1998Id. | 1 | 1998–1998 |
Johnson v. State
green
2 sentences1987The failure to request an instruction to the jury to disregard the comment of the prosecutor before seeking a mistrial was before this Court in Johnson v. State, 611 S.W.2d 649 (Tex.Cr.App.1981). 1987The failure to request an instruction to the jury to disregard the comment of the prosecutor before seeking a mistrial was before this Court in Johnson v. State, 611 S.W.2d 649 (Tex.Cr.App.1981). | 1 | 1987–1987 |
White v. State
green
2 sentences1984White v. State, 495 S.W.2d 903 (Tex.Cr.App.1973). 1984White v. State, 495 S.W.2d 903 (Tex.Cr. | 1 | 1984–1984 |
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.