Can You Argue Self-Defense in a Texas Capital Murder Case?

Capital murder is the most serious violent crime a person can be charged with in Texas, as conviction carries the possibility of the death penalty. To be clear, not all murders are capital murders. The Texas capital murder statute specifies a number of conditions that must exist in addition to murder to qualify as a capital charge. For example, it is considered capital murder if the offense occurs in the course of committing (or attempting to commit) a burglary or robbery.

Appeals Court Upholds Conviction Arising from Sunflower Seed Theft

Texas law recognizes self-defense as a justification for most violent crimes, including murder. The Texas self-defense statute provides that a person “is justified in using force against another” when the actor believed that such force “was immediately necessary” to protect themselves or another against the use (or attempted use) of unlawful force. But is self-defense a viable defense in a capital murder case predicated on robbery?

The Texas Fifth District Court of Appeals recently addressed this question. In Blanton v. State, prosecutors charged the defendant with capital murder following the shooting death of a convenience store owner. According to the evidence at trial, the victim observed the defendant trying to “take a package of sunflower seeds” from the store without paying for them. The victim then confronted the defendant, blocking the exit to the store. In response, the defendant pushed the victim.

Both men then drew firearms. The defendant shot and killed the victim before fleeing on foot. A police officer in the area heard the gunshots and saw the defendant running away. Law enforcement later arrested the defendant.

A jury found the defendant guilty of capital murder. The trial court sentenced the defendant to life in prison without the possibility of parole. On appeal, the defendant argued the trial court erred in refusing to allow the jury to consider self-defense as a possible justification for his actions.

As the Fifth District explained, however, a “defendant who is charged with the offense of robbery or aggravated robbery has no legal right to claim self-defense against his intended victim, and he is therefore not entitled to receive a self-defense instruction.” Here, the defendant shot and killed the victim in the course of committing a robbery, i.e., stealing the sunflower seeds, and therefore could not claim self-defense for the subsequent shooting of the victim.

Indeed, the appellate court added that even if the jury had been instructed on self-defense in this case, the defendant must first “admit to committing each element of the offense” and show that his conduct was justified. But the defendant here made no such admission. As such, the Court of Appeals said there were no grounds for reversing the jury’s capital murder verdict.

Contact a San Marcos Violent Crimes Defense Lawyer Today

If you are charged with any violent crime, including assault, sexual assault, or murder, never assume that the police will simply accept your argument of self-defense or other justification. You should always speak first to a qualified San Marcos violent crimes defense attorney who can review the evidence against you and advise you on the best possible strategy. Contact The Law Offices of David C. Hardaway today at 512-805-6613 to schedule a consultation. We serve clients in San Marcos, Texas, and Hays County, Texas.

Source:

scholar.google.com/scholar_case?case=6826822062011012160