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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 CourtListener

Cited by

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

Cites

15 cases in this archive are cited by this case.

Other cases named Gamino, Cesar Alejandro

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.