Vasquez 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 defendant received ineffective assistance of counsel when trial counsel did not request jury charge on necessity defense
• concluding that record sufficiently raised defense of necessity and that trial counsel had no possible reason for not requesting instruction on necessity defense
• holding that failure to request instruction when trial court would have erred in refusing instruction constituted deficient performance under Strickland
• concluding that trial counsel’s failure to request an instruction on necessity was ineffective assistance where the defendant “had nothing to lose by requesting a defensive instruction”
• holding that testimony by defendant clearly indicated he had acted out of a perceived necessity and therefore it was unacceptable trial tactic to fail to request an instruction on necessity
• observing that the defendant admitted to the conduct and that his testimony raised the necessity defense

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Thompson v. State
  Court of Criminal Appeals of Texas· 1999-10-13· cited 6,146×
• Jackson v. State
  Court of Criminal Appeals of Texas· 1994-06-01· cited 2,561×
• Lopez v. State
  Court of Criminal Appeals of Texas· 2011-06-15· cited 1,100×
• Ex Parte Torres
  Court of Criminal Appeals of Texas· 1997-04-16· cited 1,005×
• Mata v. State
  Court of Criminal Appeals of Texas· 2007-06-06· cited 849×
• People v. Pickens
  Michigan Supreme Court· 1994-08-25· cited 763×
• Posey v. State
  Court of Criminal Appeals of Texas· 1998-03-25· cited 696×
• Young v. State
  Court of Criminal Appeals of Texas· 1999-04-26· cited 353×
• Jaynes v. State
  Tex. App. Ct., 13th Dist.· 2006-11-22· cited 264×
• Juarez v. State
  Court of Criminal Appeals of Texas· 2010-03-31· cited 193×
• Okonkwo, Chidiebele Gabriel
  Court of Criminal Appeals of Texas· 2013-05-15· cited 181×
• McKinny v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2002-05-31· cited 161×
• Calderon v. State
  Tex. App. Ct., 8th Dist. (El Paso)· 1997-05-08· cited 128×
• Craig v. State
  Court of Criminal Appeals of Texas· 1992-03-04· cited 122×
• Roberson v. State
  Court of Criminal Appeals of Texas· 1993-02-24· cited 119×
• Moreno v. State
  Tex. App. Ct., 13th Dist.· 1999-08-31· cited 102×
• Lopez v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2006-07-25· cited 92×
• Cornet v. State
  Court of Criminal Appeals of Texas· 2013-11-06· cited 92×
• Brown v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 1999-10-20· cited 91×
• Lair v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-07-03· cited 89×

Cites

14 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 1986-09-17· cited 3,060×
• David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.
  Fifth Circuit· 1982-06-23· cited 447×
• David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.
  Fifth Circuit· 1982-09-16· cited 251×
• David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.
  Fifth Circuit· 1981-06-26· cited 216×
• Ruiz v. Estelle
  S.D. Texas· 1980-12-12· cited 152×
• Ex Parte Walker
  Court of Criminal Appeals of Texas· 1989-09-27· cited 150×
• David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.
  Fifth Circuit· 1982-01-14· cited 149×
• Hazel v. State
  Court of Criminal Appeals of Texas· 1976-03-31· cited 97×
• Johnson v. State
  Court of Criminal Appeals of Texas· 1983-05-18· cited 85×
• Rose v. Edmonds
  Court of Appeals of Kentucky (pre-1976)· 1937-12-10· cited 24×
• Ruiz v. Estelle
  S.D. Texas· 1982-11-17· cited 15×
• Armstrong v. State
  Court of Criminal Appeals of Texas· 1983-07-20· cited 7×
• Vasquez v. State
  Court of Appeals of Texas· 1990-09-06· cited 6×