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· 11/4/2005

VanBrackle v. State

Citations

  • 179 S.W.3d 708
  • 2005 Tex. App. LEXIS 9240
  • 2005 WL 2978300

How courts have described this case

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

  • concluding that trial “court’s refusal to instruct the jury on self-defense caused some harm to appellant” despite significant deficiencies in defensive evidence
  • concluding evidence defendant “responded to this assault by grabbing the pistol, pushing it away, and calling for help” was observable manifestation of defendant’s state of mind
  • concluding evidence defendant “responded to this assault by grabbing the pistol, pushing it away, and calling for help” was observable manifestation of defendant’s state of mind
  • “[T]he defendant must ‘admit’ violating the statute under which he is being tried, then offer a statutory justification for his otherwise criminal conduct.”
  • whether a defendant’s beliefs reasonable is a fact question for the jury, not a preliminary question for the trial court to evaluate in determining whether a self- defense instruction is warranted
  • whether a defendant’s beliefs reasonable is a fact question for the jury, not a preliminary question for the trial court to evaluate in determining whether a self- defense instruction is warranted

Source: CourtListener parenthetical corpus (CC0).

Judges: Law, Patterson, Pemberton

Read full opinion on CourtListener

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.