Legal Opinion

Shaw v. State

Texas Court of Appeals, 10th District (Waco)

Decided June 23, 1999No. 10-98-239-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

TOM GRAY, Justice.

A drug related murder occurred in a Waco neighborhood. The victim died of multiple stab wounds. We are asked to determine if the jury could properly reject the defendant’s claim of self-defense. When the defendant introduces evidence that he acted in self-defense, the state bears the burden of showing beyond a reasonable doubt that the force used was not reasonable or justified. Because we hold the jury’s rejection of self-defense was not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust, we will sustain the conviction for murder.

2Cases cited10 opinions

  1. Clewis v. StateCourt of Criminal Appeals of Texas · 1996
  2. Santellan v. StateCourt of Criminal Appeals of Texas · 1997
  3. Chambers v. StateCourt of Criminal Appeals of Texas · 1991
  4. Saxton v. StateCourt of Criminal Appeals of Texas · 1991
  5. Penagraph v. StateCourt of Criminal Appeals of Texas · 1981

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Zuliani v. StateCourt of Criminal Appeals of Texas · 2003
  2. Tucker v. State, Texas Court of Appeals, 14th District (Houston)2000
  3. Mondragon-Garcia v. State, Texas Court of Appeals, 11th District (Eastland)2004
  4. Freeman Russell v. State of Texas, Texas Court of Appeals, 11th District (Eastland)2002
  5. Otis T. Minafee v. State of Texas, Texas Court of Appeals, 11th District (Eastland)2002

2 more not listed; retrieve them via the Exa API.

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