Texas Case Summaries
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TexasCivil ProcedureCriminal LawMalicious Prosecution
Texas Court of Appeals, Tenth District (Waco)
Uncategorized

Redwine v. Thomas — Eyewitness Account Conclusively Establishes Probable Cause, Defeating Malicious Prosecution Claim at Summary Judgment

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The Texas Court of Appeals, Tenth District, affirmed summary judgment for the defendant in a malicious prosecution suit, holding that an eyewitness account received before the police report was filed conclusively established probable cause and negated malice, and that the plaintiff’s evidence of a contentious family relationship failed to raise a fact issue because it did not address the objective reasonableness of the defendant’s belief at the time of the report.

TexasCriminalCriminal ProcedureEvidence
Texas Court of Appeals, Seventh District (Amarillo)
Uncategorized

Nichols v. State — Threats Relayed Through Crisis Negotiators Satisfy Aggravated Assault on Public Servant; Felony Deadly Conduct Is Not a Lesser-Included Offense When Indictment Charges Exhibiting, Not Discharging, a Weapon

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The Seventh Court of Appeals affirmed a fifteen-year conviction for aggravated assault on a public servant, holding that threats relayed through crisis negotiators to officers on scene satisfy the statute, and that felony deadly conduct is not a lesser-included offense of aggravated assault by threat where the indictment charges only exhibiting — not discharging — a weapon. The court modified the judgment to delete an attorney’s fees provision entered without the required finding of financial resources.

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