Reed v. State

2 Citing cases

  1. Zidell v. Morris

    NO. 4:11-CV-845-A (N.D. Tex. May. 25, 2012)

    United States cites to Texas cases holding that an officer of a correctional facility acts lawfully unless he "tortures, sexually harasses, mutilates or otherwise violates the civil rights of prisoners within his charge while on official duty." Reed v. State, No. 04-10-00325-CR, 2011 WL 446638 at *2 (Tex. App.--San Antonio Feb. 9, 2011, no pet.) (citing Hall v. State. 158 S.W.3d 470, 474 (Tex. Crim. App. 2005)). This standard has been interpreted by Texas courts to require allegations that force used was excessive, in bad faith, unreasonable, or unnecessary to maintain security.

  2. Castillo v. State

    No. 04-16-00106-CR (Tex. App. Jul. 12, 2017)

    Here, the required elements of misdemeanor assault are included within the proof necessary to establish an assault on a public servant; Castillo satisfies the test's first prong. See Hall v. State, 158 S.W.3d at 472-73 (misdemeanor assault is a lesser-included offense of assault on a public servant); see also Reed v. State, No. 04-10-00325-CR, 2011 WL 446638, at *1 (Tex. App.—San Antonio Feb. 9, 2011, no pet.) (mem. op., not designated for publication). We, thus, turn to whether there is some evidence from which a rational jury could acquit the defendant of the greater offense, while convicting him only of the lesser-included offense.