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· 3/20/2013

Vega, Jose Luis Jr.

Citations

  • 394 S.W.3d 514
  • 2013 WL 1136529
  • 2013 Tex. Crim. App. LEXIS 528

How courts have described this case

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

  • recognizing that “once the jury is charged on a defensive issue, a flaw in that charge is error”
  • stating that where charge error has been preserved reversal is required if the appellant suffered “some harm” from the error
  • stating that a trial judge has no duty to sua sponte instruct the jury on unrequested defensive issues and one cannot complain on appeal about their absence unless requested
  • re-affirming the holding in Posey that it is not error for the trial court to fail to instruct the jury sua sponte on “defensive issues”
  • \The trial judge is ultimately responsible for the accuracy of the jury charge and accompanying instructions.\
  • absent proper request, defendant “cannot complain on appeal about the trial [court’s] failure to include a defensive instruction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cochran, Keller, Price, Womack, Johnson, Keasler, Hervey, Alcala, Meyers

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.