Rogers v. State

Bobby Rogers (defendant) got into an argument with his estranged wife, Debra Rogers. Debra threatened to shoot Bobby and reached for her gun. Bobby attempted to grab the gun from Debra, and Debra was fatally shot during the struggle. The State of Texas charged Bobby with murder. At trial, Bobby admitted to shooting Debra but alleged that it was an accident. Bobby requested a jury instruction on the defense of accident, but the trial court refused. Bobby did not protest and did not clarify his request. The jury convicted Bobby, and he was sentenced to life in prison. Bobby appealed. On appeal, the appellate court reversed, holding that although the defense of accident no longer existed under Texas penal law, it was functionally equivalent to the defense of involuntary conduct. Accordingly, the appellate court held that the trial court erred by failing to instruct the jury on the defense of involuntary conduct. In Texas, voluntary conduct is a requirement for criminal liability. The Texas Court of Criminal Appeals granted the state’s request for discretionary review. The state argued that because the defense of accident and the defense of involuntary conduct were distinct concepts, Bobby’s request for an instruction on the defense of accident did not require the judge to issue an instruction on the defense of involuntary conduct.