TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Does 4.17 "entitle" Defendant to move MTR to District Court?
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Does 4.17 "entitle" Defendant to move MTR to District Court? Login/Join 
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My reading of 4.17 is that a case may (not must) be transferred when defendant has plead 'not guilty' and therefore would not apply in an MTR hearing. Defendant has already plead guilty and accepted the jurisdiction of the court. Have found no case law that equates a pleading of 'not true' to a not guilty plea.
 
Posts: 79 | Location: Texas | Registered: October 09, 2003Reply With QuoteReport This Post
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1) The transfer is purely discretionary with the unlicensed judge, Wolff v. Thornton (App. 1 Dist. 1984) 670 S.W.2d 764

2) Are there attorneys out there arguing "judge, you are nto qualified to ehar my case?"

3) The statute says that the transfer may only be done with the consent of the receiving judge..Do you have district judges clamoring for more cases to handle?
 
Posts: 40 | Location: Wharton, Tx | Registered: May 01, 2007Reply With QuoteReport This Post
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1) Understood - never 'entitled' (unless juve)

2) Yes, but only certain ones that lack respect

3) Definitely not, but will accept a few.

Does 4.17 even apply to a MTR hearing since defendant has plead guilty to the offense charged?
 
Posts: 79 | Location: Texas | Registered: October 09, 2003Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Does 4.17 "entitle" Defendant to move MTR to District Court?

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