Gregory Shawn Henley v. the State of Texas

Summary

The Court of Criminal Appeals reversed the Second Court of Appeals and reinstated Gregory Shawn Henley's misdemeanor assault conviction, holding that the trial court did not abuse its discretion in excluding evidence offered to support a defense-of-third-person justification under Penal Code Section 9.33. Because the proffered evidence concerned only feared future harm from persons not present at the assault—his ex-wife's new husband and that man's former stepson—it was neither material nor probative of any fact of consequence, was therefore irrelevant and inadmissible, would in any event have been excludable under Rule 403, and its exclusion violated no constitutional right, since a defendant's right extends only to presenting a valid defense. Presiding Judge Keller and Judges Hervey and Newell dissented, arguing the self-defense and defense-of-third-person statutes require immediate necessity of action rather than imminent harm and that reasonableness was for the jury; Judge Meyers concurred, joining the majority and criticizing the dissenters.