Hayes v. State

How courts have described this case

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

• holding that a defendant whose gun accidentally discharged while he struggled with the victim acted recklessly
• holding that instruction on use of deadly force was required where complainant was armed with a coke bottle
• holding that instruction on use of deadly force was required where complainant was armed with a coke bottle
• holding that charge of reckless conduct was necessary where evidence showed the gun might have gone off accidentally during a struggle
• holding that the exact circumstance under which a manslaughter charge should be given is one in which the defendant claims that he did not intend to shoot the victim and that the gun accidentally discharged during a struggle with the victim
• noting some evidence that “actual discharge of the gun was accidental, occurring during a struggle between appellant and the complainant”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Moore v. State
  Court of Criminal Appeals of Texas· 1998-06-10· cited 698×
• Shaw v. State
  Court of Criminal Appeals of Texas· 2007-10-31· cited 444×
• Granger v. State
  Court of Criminal Appeals of Texas· 1999-09-29· cited 440×
• Ferrel v. State
  Court of Criminal Appeals of Texas· 2001-09-12· cited 370×
• Guzman v. State
  Court of Criminal Appeals of Texas· 2006-03-29· cited 289×
• Giesberg v. State
  Court of Criminal Appeals of Texas· 1998-09-30· cited 231×
• Havard v. State
  Court of Criminal Appeals of Texas· 1990-11-28· cited 215×
• Miller v. State
  Court of Criminal Appeals of Texas· 1991-06-05· cited 194×
• Juarez v. State
  Court of Criminal Appeals of Texas· 2010-03-31· cited 193×
• Saunders v. State
  Court of Criminal Appeals of Texas· 1995-12-06· cited 191×
• Dowden v. State
  Court of Criminal Appeals of Texas· 1988-09-21· cited 136×
• VanBrackle v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2005-11-04· cited 106×
• Pennington v. State
  Court of Appeals of Texas· 2001-10-04· cited 100×
• Stefanoff v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2002-06-19· cited 100×
• Golden v. State
  Court of Criminal Appeals of Texas· 1993-03-17· cited 99×
• Boget v. State
  Court of Criminal Appeals of Texas· 2002-05-01· cited 97×
• Hernandez v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1997-04-17· cited 91×
• Smith v. State
  Tex. App. Ct., 10th Dist. (Waco)· 1998-03-11· cited 83×
• Kenneth Lee Douds v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2014-06-05· cited 77×
• Navarro v. State
  Court of Appeals of Texas· 1993-10-20· cited 75×

Cites

18 cases in this archive are cited by this case.

• Almanza v. State
  Court of Criminal Appeals of Texas· 1985-02-27· cited 6,557×
• Arline v. State
  Court of Criminal Appeals of Texas· 1986-12-10· cited 777×
• Day v. State
  Court of Criminal Appeals of Texas· 1976-02-04· cited 359×
• Bell v. State
  Court of Criminal Appeals of Texas· 1985-07-10· cited 312×
• Johnson v. State
  Court of Criminal Appeals of Texas· 1978-09-27· cited 305×
• Thomas v. State
  Court of Criminal Appeals of Texas· 1985-10-09· cited 283×
• Lugo v. State
  Court of Criminal Appeals of Texas· 1984-03-14· cited 252×
• Simpkins v. State
  Court of Criminal Appeals of Texas· 1979-10-31· cited 177×
• Moore v. State
  Court of Criminal Appeals of Texas· 1978-12-13· cited 155×
• Warren v. State
  Court of Criminal Appeals of Texas· 1978-05-24· cited 141×
• Moon v. State
  Court of Criminal Appeals of Texas· 1980-11-19· cited 67×
• Rodriquez v. State
  Court of Criminal Appeals of Texas· 1976-07-07· cited 63×
• Garcia v. State
  Court of Criminal Appeals of Texas· 1980-07-02· cited 49×
• Esparza v. State
  Court of Criminal Appeals of Texas· 1975-02-26· cited 45×
• Ojeda v. State
  Court of Criminal Appeals of Texas· 1986-07-02· cited 40×
• Barton v. State
  Court of Criminal Appeals of Texas· 1962-11-07· cited 40×
• Carter v. State
  Court of Criminal Appeals of Texas· 1974-11-13· cited 16×
• Shaw v. State
  Court of Criminal Appeals of Texas· 1974-06-12· cited 16×