Court of Criminal Appeals of Texas· 9/27/2017
Gamino, Cesar Alejandro
Citations
- 537 S.W.3d 507
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a defendant can “sufficiently admit to the commission of the offense” of murder while denying an intent to kill
- concluding that defendant was entitled to self-defense instruction when defendant’s girlfriend was threatened by three assailants and the assailants said “they were going to beat” defendant
- explaining that section 9.31 involves non-deadly force self- defense, whereas section 9.32 involves self-defense using deadly force
- explaining that to receive a self-defense instruction, defendant must admit to the alleged conduct but does not necessarily need to admit to every element of the charged offense
- holding defendant charged with aggravated assault with deadly weapon entitled to self-defense instruction even though he denied pointing his gun at and verbally threatening complainant but admitted displaying weapon because he felt 7 threatened
- stating that “trial court errs in denying a self defense instruction if there is some evidence, from any source, when viewed in the light most favorable to the defendant, that will support the 7 elements of self defense”
Source: CourtListener parenthetical corpus (CC0).
Judges: Richardson, Keller, Alcala, Yeary, Keel, Walker, Newell, Keasler, Hervey
Read full opinion on CourtListenerCited by
85 cases in this archive cite this case; the 20 most cited are listed.
- Rogers, WilliamCourt of Criminal Appeals of Texas· 2018-06-27· cited 41×
- Jordan v. StateCourt of Appeals of Texas· 2018-06-05· cited 2×
- Mary Catherine Walters v. StateTex. App. Ct., 2nd Dist. (Fort Worth)· 2018-06-21
- Keysha Keyyor Tugler v. StateTex. App. Ct., 5th Dist. (Dallas)· 2018-07-12
- John Christopher Foster v. StateTex. App. Ct., 3rd Dist. (Austin)· 2018-07-24
- Elias Ramon Morin v. StateTex. App. Ct., 14th Dist. (Houston)· 2018-07-31
- Obinna Ebikam v. StateTex. App. Ct., 4th Dist. (San Antonio)· 2018-10-03
- Cynthia Ann Holowatsch v. StateTex. App. Ct., 3rd Dist. (Austin)· 2019-01-31
- Jhan Emad Bahar v. StateTex. App. Ct., 5th Dist. (Dallas)· 2019-04-01
- Jose Guadalupe Garcia Flores v. StateTex. App. Ct., 14th Dist. (Houston)· 2019-06-20
- Jacob Lee Rivas v. StateTex. App. Ct., 13th Dist.· 2019-07-03
- Fredrick Eugene Williams v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2019-07-10
- William George Brown v. StateTex. App. Ct., 13th Dist.· 2019-08-01
- Ashlee Castillo v. StateTex. App. Ct., 13th Dist.· 2019-08-01
- Ricardo Lorenzo MacIas, Jr. v. StateTex. App. Ct., 8th Dist. (El Paso)· 2019-08-28
- Michael John Zarate v. StateTex. App. Ct., 11th Dist. (Eastland)· 2019-09-30
- Happy Tran Pham v. StateTex. App. Ct., 14th Dist. (Houston)· 2019-10-31
- Guozhong Gao v. StateTex. App. Ct., 1st Dist. (Houston)· 2019-11-26
- Brandi Michelle Crews v. StateTex. App. Ct., 7th Dist. (Amarillo)· 2019-12-30
- Jose Ruperto Alaniz v. StateTex. App. Ct., 1st Dist. (Houston)· 2020-01-09
Cites
15 cases in this archive are cited by this case.
- Boykin v. StateCourt of Criminal Appeals of Texas· 1991-10-09· cited 1,829×
- Shaw v. StateCourt of Criminal Appeals of Texas· 2007-10-31· cited 444×
- Ferrel v. StateCourt of Criminal Appeals of Texas· 2001-09-12· cited 370×
- Young v. StateCourt of Criminal Appeals of Texas· 1999-04-26· cited 353×
- Ex Parte NailorCourt of Criminal Appeals of Texas· 2004-03-24· cited 332×
- Bufkin v. StateCourt of Criminal Appeals of Texas· 2006-11-01· cited 247×
- Elizondo, Jose Guadalupe RodriguezCourt of Criminal Appeals of Texas· 2016-04-06· cited 97×
- Alonzo v. StateCourt of Criminal Appeals of Texas· 2011-09-14· cited 91×
- Chapman v. StateCourt of Criminal Appeals of Texas· 1996-05-08· cited 80×
- Martinez v. StateCourt of Criminal Appeals of Texas· 1989-06-28· cited 68×
- Sosa v. StateTex. App. Ct., 1st Dist. (Houston)· 2005-02-24· cited 57×
- Tidwell v. StateTex. App. Ct., 6th Dist. (Texarkana)· 2006-03-01· cited 33×
- Carmen v. StateTex. App. Ct., 1st Dist. (Houston)· 2008-11-20· cited 32×
- Kirkpatrick v. StateCourt of Appeals of Texas· 1982-05-05· cited 13×
- Cesar Alejandro Gamino v. StateCourt of Appeals of Texas· 2015-11-12· cited 11×
Other cases named Gamino, Cesar Alejandro
1 other CourtListener record shares this case name.
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