Barnette v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Appellant’s theory was that she left the baby alone and he caused his own injury.”
• “It is doubtful whether that request was sufficient to alert the trial court to the need for a charge on ‘alternative’ cause, an entirely different issue.”
• State claimed defendant killed child by placing him in hot water and defendant claimed child turned on the water himself; defendant not entitled to charge on alternate cause
• State claimed defendant killed child by placing him in hot water and defendant claimed child turned on the water himself; defendant not entitled to charge on alternate cause
• defendant who relies on defense under chapter 9of the Texas Penal Code does not deny any element of the offense; instead, defendant admits committing the offense but argues that his conduct was justified
• it is not error to deny requested instruction on “alternative cause” which “is merely an affirmative submission of a defensive issue which merely denies the existence of an essential element of the State’s case.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

• Walters v. State
  Court of Criminal Appeals of Texas· 2007-12-05· cited 850×
• Mayfield v. State
  Court of Criminal Appeals of Texas· 1986-09-17· cited 59×
• Hill v. State
  Court of Criminal Appeals of Texas· 1989-02-15· cited 40×
• Nevarez v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1993-03-17· cited 40×
• Jackie Lee Haley v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2013-03-28· cited 16×
• Drapkin v. State
  Court of Appeals of Texas· 1990-02-28· cited 12×
• Darrell Eugene Hutcherson v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2012-06-25· cited 11×
• Miller v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1988-07-21· cited 10×
• Barrera v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1988-11-30· cited 9×
• Quintanilla v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-08-06· cited 8×
• Smith v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1988-02-24· cited 5×
• Carlos Quintanilla v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2009-07-14
• Lydia Moreno Ortega v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2005-03-16
• Brannon, Michael v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1997-05-28
• John Foster Carter v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 2008-06-30
• Walters, John Arlin
  Court of Criminal Appeals of Texas· 2007-12-05
• Jeanne Perez v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2012-04-24
• Wes Goode v. State
  Tex. App. Ct., 13th Dist.· 2010-03-25
• Jenkins, James Alan
  Texas Supreme Court· 2015-12-17
• Fred Yazdi v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2015-04-21