Yes. There are very few affirmative defenses in Texas. Insanity, duress and mistake of law come to mind.
I think judging Texas law, which in many cases mirrors that of the other 49 states, based on the facts of an amazingly extraordinary set of facts is foolhardy.
That’s a loser on appeal.
Mistake of fact does not negate the culpability required for the defense as required by law. The mistake of fact in this case does not negate “intentionally or knowingly cause the death of an individual” but rather it is encompassed within the law of self defense, I.e., was it a reasonable belief, not necessarily a correct one.
i’m sure this is difficult for a lay person to understand. But imagine in the case of a theft. That means the actor appropriated property with the intent to permanently deprive the owner of the property. Imagine a theft by check case. You wrote a check with the assumption that your wife hadn’t spent all of your money. There was an appropriation of property but it wasn’t done with the intent to permanently deprive the owner of the property. The mistake of fact, to wit: the amount of money in the account, negates the culpability required in the theft statute.
in the Guyger case her mistake of fact (sorry, wrong apartment) does not negate the culpable mental state for murder.