· 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 CourtListenerSourced 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.