Barrera v. State

How courts have described this case

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

• recognizing that Doyle was pre-Almanza case that overemphasized importance of procedurally perfect jury charge and application paragraph in particular
• holding error to include abstract self-defense instruction but fail to instruct jury to acquit if it had reasonable doubt on self-defense
• holding trial court committed charge error when it sua sponte included abstract defensive instruction in jury charge but failed to include instruction in application paragraph
• affirming that a trial court errs by failing to apply the law of self-defense to the facts of the case
• reiterating that trial court has no duty to put defensive issue in the charge sua sponte, including self defense
• holding that a trial court has no duty to sua sponte charge the jury on unrequested defensive issues raised by the evidence, but if the trial court on its own does instruct the jury on an issue then it signals that the defense was “the law applicable to the case.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Hall v. State
  Court of Criminal Appeals of Texas· 2007-05-09· cited 1,181×
• Allen v. State
  Court of Criminal Appeals of Texas· 2008-05-07· cited 404×
• Vega, Jose Luis Jr.
  Court of Criminal Appeals of Texas· 2013-03-20· cited 213×
• Mendez v. State
  Court of Criminal Appeals of Texas· 2018-04-25· cited 134×
• Larry Lee Bledsue v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division
  Fifth Circuit· 1999-10-07· cited 128×
• Escobar v. State
  Tex. App. Ct., 13th Dist.· 2000-09-28· cited 88×
• Gutierrez v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 1999-12-16· cited 84×
• Parker v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2006-04-06· cited 68×
• Hernandez v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2000-03-09· cited 67×
• Bell v. State
  Court of Appeals of Texas· 2005-07-07· cited 57×
• Fowler v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2004-01-14· cited 41×
• Tabor v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 2002-09-18· cited 41×
• Kenneth Ramone Dearborn, II v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2014-01-07· cited 41×
• Jackson v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2009-07-01· cited 38×
• Barrera v. State
  Court of Appeals of Texas· 2000-01-06· cited 29×
• Degrate v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2002-08-28· cited 23×
• Alex Molina v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2014-10-30· cited 17×
• Linden v. State
  Tex. App. Ct., 13th Dist.· 2011-07-07· cited 12×
• Mendez v. State
  Court of Appeals of Texas· 2017-04-04· cited 9×
• Alonzo v. State
  Tex. App. Ct., 13th Dist.· 2011-01-12· cited 8×

Cites

15 cases in this archive are cited by this case.

• Almanza v. State
  Court of Criminal Appeals of Texas· 1985-02-27· cited 6,557×
• Malik v. State
  Court of Criminal Appeals of Texas· 1997-09-10· cited 4,984×
• Mosley v. State
  Court of Criminal Appeals of Texas· 1998-07-01· cited 2,969×
• Cupp v. Naughten
  Supreme Court· 1973-12-04· cited 2,639×
• Victor v. Nebraska
  Supreme Court· 1994-05-16· cited 1,656×
• Posey v. State
  Court of Criminal Appeals of Texas· 1998-03-25· cited 696×
• Robert J. Grundler and Joseph L. Jelly v. State of North Carolina
  Fourth Circuit· 1960-11-11· cited 293×
• Plata v. State
  Court of Criminal Appeals of Texas· 1996-06-26· cited 237×
• Doyle v. State
  Court of Criminal Appeals of Texas· 1982-04-28· cited 125×
• Junior Brown v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division
  Fifth Circuit· 1991-09-19· cited 46×
• Ex Parte Clark
  Court of Criminal Appeals of Texas· 1979-11-28· cited 37×
• United States of America Ex Rel. Gilbert Waters and Henry Waters v. Peter Bensinger, Director of Corrections
  Seventh Circuit· 1974-01-31· cited 23×
• Hoye v. Like
  Tex. App. Ct., 7th Dist. (Amarillo)· 1997-10-29· cited 20×
• David Kevin Justice v. Robert Hoke, Superintendent, Eastern Correctional Facility
  Second Circuit· 1995-01-10· cited 17×
• Barrera v. State
  Court of Appeals of Texas· 1997-07-03· cited 4×