Roy 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 defendant was entitled to lesser-included instruction on manslaughter because he presented evidence that, by driving while intoxicated with certain substances in his system, he was aware of but disregarded the risk of causing death
• explaining, where defendant had passed out from intoxication at time of crash, that “a defendant need not be aware at the moment the result occurs if he can show that he consciously disregarded the risk of the result and the result came from the same conduct”
• relevant evidence must affirmatively raise lesser-included offense and rebut or negate element of greater offense
• submission of manslaughter LIO instruction was supported by direct evidence—the appellant’s testimony that he acted only recklessly
• “Despite knowing the risks associated with drinking alcohol, smoking marihuana, and smoking dip cigarettes while driving, Roy chose to drive that night.”
• “An instruction is required if more than a scintilla of evidence establishes [the alternative means of committing] the charged offense.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Ritcherson, Kaitlyn Lucretia
  Court of Criminal Appeals of Texas· 2018-12-12· cited 58×
• Clevert Lee Tyler v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2018-03-07
• Steven Scott Apilado v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2018-07-31
• Gustavo Valencia v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2018-09-28
• Talawrence Donyea Tennell v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2018-12-31
• Charles Robert Ransier v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2019-07-16
• in the Matter of A.M., a Juvenile
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2019-08-29
• Orlando Ortiz v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2019-09-11
• Colby Ray Williamson v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2019-10-02
• Julio Antonio Pelayo v. State
  Tex. App. Ct., 13th Dist.· 2020-01-16
• Marcelo Mailland v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 2020-12-15
• David Ybarra Jr. v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2021-04-08
• Donte Darnell Easter v. the State of Texas
  Tex. App. Ct., 5th Dist. (Dallas)· 2021-07-02
• James Mark Jokel v. the State of Texas
  Tex. App. Ct., 11th Dist. (Eastland)· 2022-02-17
• CHAVEZ, JOSE JUAN v. the State of Texas
  Court of Criminal Appeals of Texas· 2023-04-19
• Cory Washington v. the State of Texas
  Tex. App. Ct., 13th Dist.· 2023-06-29
• Dominique Ramone Johnson v. the State of Texas
  Tex. App. Ct., 9th Dist. (Beaumont)· 2023-08-23
• Alton Currie v. the State of Texas
  Tex. App. Ct., 13th Dist.· 2023-10-26
• Karanya Marquise Dudley v. the State of Texas
  Tex. App. Ct., 6th Dist. (Texarkana)· 2023-11-15
• Archie Lee Harris Jr. v. the State of Texas
  Tex. App. Ct., 9th Dist. (Beaumont)· 2023-12-06

Cites

5 cases in this archive are cited by this case.

• Cavazos, Abraham
  Court of Criminal Appeals of Texas· 2012-10-31· cited 377×
• Hayes v. State
  Court of Criminal Appeals of Texas· 1987-04-29· cited 303×
• Goad, Joshua Lee
  Court of Criminal Appeals of Texas· 2011-11-09· cited 207×
• Schroeder v. State
  Court of Criminal Appeals of Texas· 2003-12-03· cited 175×
• Ross v. State
  Court of Criminal Appeals of Texas· 1993-01-20· cited 114×