×
You've used up your 3 free articles for this month. Subscribe today.
Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense
Loaded on May 15, 2020
by Dale Chappell
published in Criminal Legal News
June, 2020, page 21
Filed under:
Jury Instructions in Jury Room.
Location:
Texas.
by Dale Chappell
The Texas Court of Criminal Appeals (“TCCA”) held on February 5, 2020, that the failure to include “or others with him [the primary assailant]” in the jury instruction for a self-defense against multiple assailants defense was a “calculated” omission that deprived a defendant of his defense, requiring ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Racism and Wrongful Convictions, by Matthew Clarke
- Sixth Circuit Grants Habeas Relief After Michigan Court Violates Confrontation Clause, by Dale Chappell
- Ninth Circuit: Mental Impairment that Prevented ‘Monitoring’ of Habeas Counsel’s Actions May Require Equitable Tolling, by Dale Chappell
- Tenth Circuit Vacates District Court’s Order Sealing Plea Supplement, Explaining Local Court Rule Doesn’t Abrogate Common Law Right of Access to Judicial Records, by Douglas Ankney
- Federal Judge Issues Order Reducing 40-Year Stacked § 924(c) Sentence Based on First Step Act Changes to Compassionate Release, by Chad Marks
- Latest Forensic Technology, Pattern Analysis, May Be ‘Pseudoscience’, by Michael Fortino, Ph.D
- SCOTUS: Jury Verdicts Must Be Unanimous to Convict on Criminal Charges, Overruling Apodaca, by Douglas Ankney
- ATF: What Is a Gun?, by Jayson Hawkins
- Michigan Supreme Court Announces that Duress May be Asserted as an Affirmative Defense to Felony Murder, Overruling Gimotty and Etheridge, by Douglas Ankney
- Texas Court of Criminal Appeals: Failure to Include ‘Or Others’ in Jury Instruction for Self-Defense Against Multiple Assailants Deprived Defendant of Defense, by Dale Chappell
- Virus Vigilantes v. Virus Violators: Shunning, Shaming, or Policing COVID-19 May not Be the Cure, by Michael Fortino, Ph.D
- SCOTUS: Due Process Doesn’t Require States to Adopt a Specific Test for Determining Insanity, by Douglas Ankney
- Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It, by Anthony Accurso
- Second Circuit: Habeas Petition Not Moot Where It Attacked Inactive Original Order That Gave Rise to Current Active Order Restraining Petitioner’s Liberty, by Douglas Ankney
- Iowa Supreme Court Vacates Guilty Plea for Lack of Evidence and Ineffective Assistance of Counsel, by David Reutter
- Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion, by Dale Chappell
- Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome, by Dale Chappell
- Divide and Conquer: New Algorithm Examines Crime-Scene Bullets Segment by Segment
- U.S. Supreme Court Justice Files Statement on Court’s Refusal to Hear Habeas Case, Despite Deep Circuit Split, by Dale Chappell
- SCOTUS: Knowledge that Driver’s License of Vehicle’s Registered Owner Was Revoked Provides Reasonable Suspicion to Initiate Traffic Stop, by Douglas Ankney
- Don’t Allow Government to Abuse Emergency Powers After COVID-19 Threat Subsides, by Douglas Ankney
- Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC, by Anthony Accurso
- Notorious Louisiana Prosecutor Fired for Misconduct Technicality, by Edward Lyon
- 10th Circuit: Evidence Insufficient to Support Conviction for Attempting to Kill Witness, by Douglas Ankney
- $369,000 Settlement in Police Raid of Journalist’s Home and Office
- Delaware Supreme Court Clarifies Meaning of ‘Mixture’ as Used in State’s Controlled Substances Act, by Douglas Ankney
- Colorado Supreme Court: Defendant Has No Duty to Bring Himself to Trial, by Douglas Ankney
- Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof, by Dale Chappell
- Pennsylvania Supreme Court: Cronic’s Presumption of Prejudice Triggered by Counsel Failing to Secure Interpreter for First Day of Trial, by Douglas Ankney
- Ohio Supreme Court Announces New Standard for ‘Actual Racial Bias’ for Jurors and Holds Counsel Was Ineffective for Failing to Strike Racially Biased Juror, by Douglas Ankney
- U.S. Supreme Court Rejects Fifth Circuit’s Rule Barring Plain-Error Review of Unpreserved Factual Arguments, by Dale Chappell
- FBI’s Long History of Squelching Political Dissent Under the Guise of National Security, by Jayson Hawkins
- Utah Supreme Court: Dismissal of Second Post-Conviction Petition Improper Where First Petition Voluntarily Withdrawn, by Douglas Ankney
- No Consequences for Prosecutors’ Bad Behavior, by Jayson Hawkins
- Nevada Supreme Court Rules Bail Determination Requires Due Process and Severs Unconstitutional Language from Bail Statute, by Douglas Ankney
- Federal Court Overturns Conviction for Person Linked to Former Subway Spokesperson’s Child Porn Case, by Dale Chappell
- Study Sheds Light on ‘Recidivism’ and Probation and Parole Violations, by Dale Chappell
- Utah Residents Can Wind Up in Jail When They Miss Loan Payments, by Kevin Bliss
- California Court of Appeal: Unoccupied Running Vehicle Doesn’t Justify Warrantless Search of Residence, by Douglas Ankney
- Interpreting Emojis as Court Evidence, by Anthony Accurso
- LAPD Officers Accused of Entering Names of Innocent People Into Gang Database, by Douglas Ankney
- ‘No-Knock Raids’ an Increasing Danger to Public Safety, by Jayson Hawkins
- Massachusetts Supreme Judicial Court Clarifies Standards for Exit Order and Patfrisk, by Anthony Accurso
- A Mass Purge of Misconduct Records by Phoenix, Arizona Police, by Bill Barton
- Cops in Missouri Exploit Loophole to Seize $2.6 Million from Innocent Citizens, by Douglas Ankney
- How Old Is That Fingerprint?, by Douglas Ankney
- News in Brief
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Minnesota Supreme Court Clarifies Standard for Determining Whether a Defendant Is Entitled to Jury Instructions on Self-defense and Defense of Others, May 15, 2025. Defenses, Jury Instructions, Jury Instructions in Jury Room.
- SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague, June 15, 2023. Vagueness/Overbreadth, Jury Instructions in Jury Room.
- SCOTUS Announces Government Must Prove Physicians in § 841 Prosecutions ‘Knowingly and Intentionally’ Exceeded Their Authorization to Prescribe Controlled Substances, Such as Opioids, Sept. 15, 2022. Knowingly and Intelligently, Jury Instructions in Jury Room, Drug Equivalency Tables.
- Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided, July 15, 2022. Jury Instructions in Jury Room, Claim of Innocence.
- Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof, July 15, 2022. Jury Instructions in Jury Room, Burden of Proof, Improper Comment.
- California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, Sept. 15, 2020. Ineffective Assistance of Counsel, Jury Instructions in Jury Room.