The following are summaries of selected criminal opinions issued by the Third Court of Appeals from August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. The subsequent history is current as of Feb. 1, 2024.
DEFENSIVE ISSUES—MISTAKE OF FACT: In prosecution for failure to stop and render aid, defendant was entitled to jury instruction on mistake-of-fact defense.
Holloway v. State, No. 03-22-00268-CR (Tex. App.—Austin Aug. 4, 2023, pet. ref’d) (mem. op., not designated for publication).
Holloway was charged with and convicted of the offenses of felony murder, failure to stop and render aid, intoxication manslaughter, and aggravated assault. The victims of the offenses were Holloway’s girlfriend, Marta, and her adult son, Danny. The evidence at trial showed that Danny confronted Holloway in a parking lot. Holloway was inside his truck with Marta, and Danny was standing outside the truck. At some point during the incident, Marta got out of the truck, and Holloway, who was intoxicated at the time, hit Danny and then Marta with his vehicle. Both victims died from the injuries they sustained.