DUDAS, JOHN RICHARD v. the State of Texas, PD-0221-25

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JOHN RICHARD DUDAS , Appellant v. THE STATE OF TEXAS

NO. PD-0221-25

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

June 25, 2026

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SEVENTH COURT OF APPEALS POTTER COUNTY

PARKER, J., filed a concurring opinion in which YEARY and FINLEY, JJ., joined.

CONCURRING OPINION

Is a defendant entitled to submission of a necessity defense when his claim is that he was defending against the victim’s unlawful use of deadly force? As the Court’s opinion amply shows, the answer is “no.” While the defendant’s request for a deadly force instruction should estop him from claiming a necessity defense, he also should not get a necessity defense when the evidence raises only deadly-force self-defense. The evidence in this case supports only the claim that Appellant was defending himself against the victim’s unlawful use of deadly force. That evidence raises only deadly-force self-defense; it does not raise necessity.

With these comments, I join the Court’s opinion.

Filed: June 25, 2026

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Case Details

Case Name: DUDAS, JOHN RICHARD v. the State of Texas

Court Name: Court of Criminal Appeals of Texas

Date Published: Jun 25, 2026

Citation: PD-0221-25

Docket Number: PD-0221-25

Court Abbreviation: Tex. Crim. App.