Court of Criminal Appeals of Texas· 10/15/2003
Torres v. State
Citations
- 117 S.W.3d 891
- 2003 Tex. Crim. App. LEXIS 595
- 2003 WL 22346385
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there must be some evidence of aggression by the deceased during the events that gave rise to the criminal charges in the case before the defendant may introduce evidence of a prior specific violent act that tends to explain the deceased’s later conduct
- explaining that a defendant may introduce evidence of a deceased’s violent character to support self-defense or specific acts of violence “to demonstrate the reasonableness of the defendant’s fear of danger or to demonstrate that the deceased was the first aggressor”
- “The proper predicate for the specific violent prior act by the deceased is some act of aggression that tends to raise the issue of self-defense, which the violent act may then help clarify.”
- before defendant may introduce evidence of prior specific act that tends to explain decedent’s later conduct, there must be some evidence of aggression by deceased during events that gave rise to criminal charges in case
- “For Diane’s testimony to be admissible at the time it was offered, there must have been evidence of an act of aggression by the deceased that tends to raise the issue of self defense.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Price, Meyers, Womack, Johnson, Keasler, Heryey, Holcomb, Cochran, Keller
Read full opinion on CourtListenerCited by
40 cases in this archive cite this case; the 20 most cited are listed.
- Ex Parte MillerCourt of Criminal Appeals of Texas· 2010-09-22· cited 142×
- Rodney Wayne Allen v. StateCourt of Appeals of Texas· 2015-08-04· cited 28×
- Alex Molina v. StateTex. App. Ct., 14th Dist. (Houston)· 2014-10-30· cited 17×
- Johnson v. StateTex. App. Ct., 10th Dist. (Waco)· 2005-11-09· cited 14×
- Zachariah Harvey v. StateTex. App. Ct., 14th Dist. (Houston)· 2014-08-26
- Henry Gonzales, Jr. v. StateTex. App. Ct., 3rd Dist. (Austin)· 2014-12-04
- Benny Ray Cazares, Jr. v. StateTex. App. Ct., 1st Dist. (Houston)· 2007-09-20
- Ceyma Bina v. StateTex. App. Ct., 1st Dist. (Houston)· 2008-01-31
- Eric Joel Aleman v. StateTex. App. Ct., 4th Dist. (San Antonio)· 2008-08-27
- Jackie Deeshawn Welch, Jr. v. StateTex. App. Ct., 9th Dist. (Beaumont)· 2009-08-12
- A'Drana Gooden Johnson v. StateTex. App. Ct., 10th Dist. (Waco)· 2005-11-09
- Paul Poston v. StateTex. App. Ct., 11th Dist. (Eastland)· 2004-04-01
- Ronnie Wortham v. StateTex. App. Ct., 12th Dist. (Tyler)· 2004-09-30
- in the Matter of C.R.G.Tex. App. Ct., 14th Dist. (Houston)· 2007-09-20
- Garza, ManuelCourt of Criminal Appeals of Texas· 2005-02-16
- Miller, Ex Parte Carl EddieCourt of Criminal Appeals of Texas· 2009-10-28
- Levi Barriere v. StateTex. App. Ct., 3rd Dist. (Austin)· 2010-08-27
- Gordon Lee Currin v. StateTex. App. Ct., 3rd Dist. (Austin)· 2010-08-27
- Wesley Lee Hill v. StateTex. App. Ct., 3rd Dist. (Austin)· 2010-06-25
- Artis Leon Polk Jr. v. StateTex. App. Ct., 2nd Dist. (Fort Worth)· 2015-04-23
Cites
4 cases in this archive are cited by this case.
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.