Defenses and special evidentiary charges

AuthorElizabeth Berry/George Gallagher
Pages99-188
DEFENSES, SPECIAL
EVIDENTIARY CHARGES
3-1
CHAPTER 3
DEFENSES AND SPECIAL
EVIDENTIARY CHARGES
I. ACCIDENT/INVOLUNTARY ACTION/TRANSFERRED INTENT
A. Law
§3:10 Involuntary Action
§3:15 Mens Rea vs. Voluntary Act in Possession Cases
§3:20 Voluntary Conduct
§3:30 Pulling Trigger of Gun by Accident?
§3:40 Negligent Homicide and Voluntary Conduct
§3:50 Transferred Intent
B. Forms
§3:60 Accidental Gun Discharge
§3:70 Shooting Wrong Person With Gun (P.C. §6.04(b))
§3:75 Transferred Intent
§3:80 Murder — Driving Vehicle Over Another
§3:90 Murder — Different Person Shot (Transferred Intent)
§3:100 Murder — Policeman Shoots Policeman in Shootout (Transferred Intent)
§3:110 Voluntary Conduct Charge
II. ACCOMPLICE TESTIMONY
A. Law
§3:120 Accomplice Testimony
§3:130 Nature of Accomplice Witness
§3:140 Necessity of Accomplice Witness Instruction
§3:150 Witness Not Accomplice
§3:160 Accomplice as Matter of Law
§3:170 Witness Under Indictment for Same Offense
§3:180 Question as to Whether Witness is Accomplice as Matter of Law
§3:190 Fact Issues
§3:195 Is Co-Conspirator an Accomplice?
§3:200 Juvenile Accomplice Witness
§3:210 Corroboration as to Special Facts
§3:220 Multiple Accomplice Witnesses
§3:230 “Accessory After the Fact”
§3:240 Connection of Accused to Criminal Act — Test
§3:250 Witnesses Called by Accused to Testify
§3:260 Accomplice Witness Rule Not Defensive Issue
§3:270 Co-Conspirator’s Declarations
DEFENSES, SPECIAL
EVIDENTIARY CHARGES
Texas Criminal Jury Charges 3-2
§3:280 Corroboration by Circumstantial Evidence
§3:285 Accomplice Witnesses at Punishment
§3:290 Receivers of Stolen Property — No Corroboration
B. Forms
§3:300 Accomplice Witness as Matter of law
§3:310 Accomplice Witness as a Matter of law
§3:320 Accomplice as a Matter of law/Application Paragraph
§3:330 Accomplice as a Matter of law/Possession of Stolen Property/Mere Presence
§3:340 Receiving Stolen Property
§3:350 Multiple Accomplice Witnesses
§3:360 Accomplice Status Is Fact Question
§3:370 Accomplice Testimony/Fact Question
§3:380 Accomplice Testimony/Fact Question/Parties 7.02(a)(2)
§3:385 Corroboration of Certain Testimony Required — Jail Witness
(Cases Tried On or After 9/1/09)
III. ALIBI
A. Law
§3:390 Alibi
§3:400 [Reserved]
IV. ALLEN CHARGE
A. Law
§3:410 Allen Charge (Dynamite Charge)
B. Forms
§3:420 Allen Charge (Dynamite Charge)
§3:430 Judge Knew Numerical Division of Jurors but Not Identity of Minority Jurors
V. ARREST
A. Law
§3:440 Arrest
§3:450 Right to Arrest and Use Force
§3:460 Right to Resist Arrest
B. Forms
§3:470 Resisting Arrest With Ordinary Force
§3:480 Arresting With Ordinary Force
VI. CAUSATION
A. Law
§3:490 Cause of Death
B. Forms
§3:500 Cause of Death
VII. CIRCUMSTANTIAL EVIDENCE
A. Law
§3:510 Circumstantial Evidence
VIII. CONFESSIONS
A. Law
§3:520 Confessions
§3:530 Oral Confessions
§3:540 Notes on Confessions/Jur y Instructions
DEFENSES, SPECIAL
EVIDENTIARY CHARGES
3-3 Defenses and Special Evidentiary Charges
B. Forms
1. Written Confessions
§3:550 Free and Voluntary
§3:560 Defendant Ill, Loss of Blood, Fever, etc., When Admission Made
§3:570 Statement Made While Under Inf‌luence of Marijuana
§3:580 Did Not Give Defendant Warning or Defendant Did Not Waive Rights
§3:590 Confession Could Be Used for Defendant
§3:600 Off‌icer Threatened Defendant
§3:610 Miscellaneous Improper Inf‌luences
2. Oral Confessions
§3:620 Did Not Give Defendant Warning or Defendant Did Not Waive Rights
§3:625 Confession to a Jailhouse Snitch
IX. CONVERSE CHARGES
A. Law
§3:630 Converse Charges
X. DEADLY WEAPON
A. Law
§3:640 General Law
§3:650 Firearms, Guns, and Pistols
§3:660 Establishing Deadly Weapon Through Proof
§3:670 Res Gestae of Arrest
§3:680 Aff‌irmative Finding of Deadly Weapon
§3:690 Notice of Intent to Seek Deadly Weapon Finding
§3:700 Parties to Offense
§3:710 “Use” or “Exhibit”
§3:720 “As Alleged in the Indictment”
§3:730 Formal Findings in Judgment
§3:735 Deadly Weapon Finding in Judgment
§3:740 Automobiles and Deadly Weapon Allegations
§3:750 Deadly Weapons and Intent Instructions
§3:755 When to Submit Issue to Jury
B. Forms
§3:760 Deadly Weapon Def‌initions
XI. DOUBLE JEOPARDY
A. Law
§3:770 Double Jeopardy
B. Forms
§3:780 Double Jeopardy of Prior Conviction
§3:790 Jury Prematurely Dismissed by Court
§3:800 Prosecutor Misconduct — Conduct Intended to Impel Defendant to Request Mistrial
XII. DURESS
A. Law
§3:810 Duress
§3:820 Burden of Proof
§3:830 Person Threatening Need Not Be Present
B. Forms
§3:840 Duress Compelled by Threat of Imminent Death or Serious Bodily Injury
§3:850 Duress Compelled in Misdemeanor Case

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