Contreras v. State (2001)

In Contreras v. State, 73 S.W.3d 314 (Tex. App.--Amarillo 2001, pet. ref'd), a child who suspected the decedent was sexually abusing her sister and was afraid he would abuse her next, stabbed the decedent while he was sleeping. Id. at 316. In that case, the court held there was no evidence showing the immediacy of any threat posed by the victim. Id. at 319. For that reason, the court affirmed the trial court's denial of the requested charges. Id. at 319-20. In Contreras, the defendant stabbed the victim in his sleep; therefore, there was no evidence of an immediate threat. The trial court permitted an expert to testify on the defendant's fear of imminent harm. Id. at 318.