· 2/4/2015
Villarreal, Rene Daniel
Citations
- 453 S.W.3d 429
- 2015 Tex. Crim. App. LEXIS 136
- 2015 WL 458146
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- providing that an appellate court must “properly consider the plausibility of the evidence raising the defense”
- weighing state of the evidence against egregious harm when defendant’s statements “were internally inconsistent with his claim of self-defense and were contradicted by the entirety of the record”
- including arguments of counsel as a factor for consideration in egregious harm analysis
- stressing the extraordinary harm necessary to support a finding of egregious harm
- agreeing with court of appeals’s conclusion that the entire charge weighed in favor of egregious harm because “[n]othing in the charge alerted the jury that it must presume [appellant] had a reasonable belief that the use of deadly force was necessary”
- mere existence of conflict in evidence didn’t support conclusion that defendant suffered egregious harm; evidence favoring defendant’s position was weak and thus absence of instruction likely didn’t alter verdict
Source: CourtListener parenthetical corpus (CC0).
Judges: Alcala
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.