Torres v. State, 2020 Tex. App. LEXIS 428 (TX Ct. App. 5th 2020) LOSD Summary: This case touches upon the two burdens of proof on self-defense, distinguishing the burden of production (on the defendant to show some evidence) and the burden of persuasion (on the state to disprove self-defense beyond a reasonable doubt). This case […]
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Hiden v. State, 2020 Tex. App. LEXIS 338 (TX Ct. App. 4th 2020) LOSD Summary: This is an interesting case involving losing the element of innocence, and thus losing self-defense, because of an act of provocation. Provocation here is distinguished from losing innocence by being the initial aggressor. An initial aggressor is generally the first
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Davis v. State, 2020 Tex. App. LEXIS 310 (TX Ct. App. 1st 2020) LOSD Summary: This case discusses the legal distinction between a killing that constitutes a murder and one that constitutes a reckless homicide. In murder, there is an intent to kill. In reckless homicide the intent to kill is lacking, but there is
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Taylor v. State, 2020 Tex. App. LEXIS 125 (TX Ct. App. 13th 2020) LOSD Summary: This case involves a defendant who purportedly caused his father life-threatening injuries by attacking him with a baseball bat, resulting in a charge of aggravated assault. At trial the defendant/son would claim that it was his father who attacked him,
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Jordan v. State, 2020 Tex. App. LEXIS 63 (TX Ct. App. 5th 2020) LOSD Summary: This case involves a defendant who shot and killed the victim in a hotel room, in claimed self-defense. The case nicely illustrates how even when the defense presents a coherent narrative of self-defense, it’s quite possible for the state to
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Alaniz v. State, 2020 Tex. App. LEXIS 163 (TX Ct. App. 1st 2020) LOSD Summary: This case involves a defendant who ended up repeatedly stabbing a victim in a bar fight, in the course of what had begun as a fistfight between them. The defendant was tried on a charge of aggravated assault with a
Alaniz v. State, 2020 Tex. App. LEXIS 163 (TX Ct. App. 1st 2020) Read More »
Crum v. State, 2019 Tex. App. LEXIS 10296 (TX Ct. App. 2019) Court of Appeals of Texas, Sixth District, Texarkana August 22, 2019, Submitted; November 27, 2019, Decided No. 06-18-00202-CR 2019 Tex. App. LEXIS 10296 AARON TYLER CRUM, Appellant v. THE STATE OF TEXAS, Appellee Judges: Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Chief Justice Morriss. Concurring
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Texas Criminal Pattern Jury Charges § CPJC 36.9 Texas Criminal Pattern Jury Charges CRIMINAL DEFENSES CHAPTER 36 DEFENSE OF PROPERTY § CPJC 36.9 Deadly Force in Defense of Land Generally The structure of Texas Penal Code section 9.42 creates some difficulty in determining when evidence raises an issue concerning the defense of protection of land
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Texas Criminal Pattern Jury Charges § CPJC 36.3 Texas Criminal Pattern Jury Charges CRIMINAL DEFENSES CHAPTER 36 DEFENSE OF PROPERTY § CPJC 36.3 Nondeadly Force in Defense of One’s Own Personal -Property–Property in One’s Possession and Recovering Property Texas Penal Code section 9.41 provides for separate treatment of two situations. If the facts show that
Texas Criminal Pattern Jury Charges § CPJC 36.4 Texas Criminal Pattern Jury Charges CRIMINAL DEFENSES CHAPTER 36 DEFENSE OF PROPERTY § CPJC 36.4 Instruction–Nondeadly Force in Defense of One’s Own Personal Property–Preventing Interference with Property in One’s Possession [Insert instructions for underlying offense.] If you all agree the state has proved, beyond a reasonable doubt,
