Opinion

Thompson v. State

  • 236 S.W.3d 787
  • 2007 Tex. Crim. App. LEXIS 871
  • 2007 WL 1828341
Court
Court of Criminal Appeals of Texas
Filed
Jun 27, 2007
Status
Published
Author
Womack
On the bench
Keller, Meyers, Keasler, Hervey, Holcomb, Cochran, Womack, Price, Johnson
Cited by
78 cases
Authority
More cited than 9.7%

explaining that, under the Model Penal Code, a mistake need not be “reasonable” and no special jury instruction need be given because the ignorance or mistake simply negates a required culpable mental state; “The Model Penal Code commentary viewed ‘mistake of fact’ as being a mere evidentiary issue”

How later courts described this case

  • explaining that, under the Model Penal Code, a mistake need not be “reasonable” and no special jury instruction need be given because the ignorance or mistake simply negates a required culpable mental state; “The Model Penal Code commentary viewed ‘mistake of fact’ as being a mere evidentiary issue”
  • recognizing that a “mistake must be reasonable for it to constitute a circumstance that exculpates the defendant of the offense charged”
  • holding that “an 6 instruction on mistake of fact is limited to any culpable mental state required for the offense.”
  • recognizing that courts interpret statutory language according to its plain meaning

Written by the judges who cited it.

The opinion

WOMACK, J.,

concurring.

I join the judgment of the Court and all but Part II. C. of its opinion, which follows a decision on error preservation in Posey v. State, 966 S.W.2d 57, 62 (Tex.Cr.App.1998), that I continue to believe was incorrect. See id., at 66 (Womack, J., concurring).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.