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Discussion Topic  RE: Enhancements (in Criminal) by Martin Peterson
Once an offense is enhanced under 12.42(a)(2) to a second degree felony you have arrived at the fina......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Competency evaluations Psychiatrist or psychologist? (in Criminal) by Martin Peterson
So far as I know, the issue has not been litigated. The literal language suggests that a psychologi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Saldano (in Appellate) by Martin Peterson
A song has the line: "I really don't know much at all." That describes how I feel when reading Judg......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Revocation Bargains (in Criminal) by Martin Peterson
The Corpus Christi court was as wrong as you predicted JB. I question how the true plea can be char......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: another enhancement question (in Criminal) by Martin Peterson
Yuck. I observe that the remedy adopted by the CCA for an improperly enhanced sentence is to set as......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: another enhancement question (in Criminal) by Martin Peterson
So, I guess the judge would say convictions for third degree felonies could now be used for enhancem......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Enhancement (in Criminal) by Martin Peterson
Neel: observe that all three parts of (e) must be satisfied before the conviction may not be used, s......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dallas Morning News Editorial (in Criminal) by Martin Peterson
The desired implication is that prosecutors have either generally or at least in the 3 instances cit......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Kitchens and enhancements (in Criminal) by Martin Peterson
Presumably you are referring to the situation where the state has three or more convictions availabl......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Show me the money, Hot check question (in Criminal) by Martin Peterson
About the time of this thread, my article on prosecution of hot check cases appeared in "The Prosecu......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Article 64 (in Criminal) by Martin Peterson
I understand the convicting court is prohibited from finding that identity was not an issue in the c......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Article 64 (in Criminal) by Martin Peterson
Would the absence of the defendant's dna mean a reasonable probability exists that the person would ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Reasoning Aid (in Appellate) by Martin Peterson
Senior Judge Richard Arnold's take on "unreasoned inconsistency" is as follows (commenting on the pr......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Reasoning Aid (in Appellate) by Martin Peterson
Now we know what new Rule 47.7 means. "The court to whom an unpublished opinion is cited has ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  SAFPF (in Criminal) by Martin Peterson
I am told that the typical 9-month treatment program in SAFPF either has already or is planned to be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Facilitating Escape (in Criminal) by Martin Peterson
Sec. 7.02(a)(2) in combination with 38.06 would appear to fit nicely to me....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Collateral Estoppel (in Criminal) by Martin Peterson
There should no longer be any fear of charging lesser crimes arising out of the same criminal transa......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Who can give permission to search? (in Criminal) by Martin Peterson
If principal is dead, then authority (agency) of caretaker terminated at death. If not dead, then m......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: argument of the wrongfully convicted (in Criminal) by Martin Peterson
The defense seems to be arguing that a voluntary confession can be false. That is a fact (though ge......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Racial Profiling and 38.23 (in Criminal) by Martin Peterson
That there may be a link between 38.23 and 2.131 is implied even more strongly in ......
TDCAA > TDCAA Community > Criminal


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