Court of Criminal Appeals of Texas

Jaime Casas Juarez, Jr., Appellant v. the State of Texas

March 31, 20102010 Tex. Crim. App. LEXIS 179

Summary

The Court held that the confession and avoidance doctrine applies to Texas's necessity defense, requiring a defendant to admit both the act and the culpable mental state to receive a jury instruction. Because Juarez's testimony admitted both elements, the trial judge erred in refusing the instruction; the Court affirmed the Court of Appeals and remanded for a new trial with the proper instruction.