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Discussion Topic  RE: Does Obstruction Toll SOL for DWI? (in Criminal) by david curl
This case might help Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004) ("The question befor......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attackin Murder Victim W/ Autopsy (in Criminal) by david curl
I recently briefed a claim that the presence of cocaine metabolites in a deceased victim's urine was......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Co-Defendant Judgments Admissible? (in Criminal) by david curl
First, I would think -- assuming the co-defendant does not testify in your trial -- that it would vi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Punishment evidence (in Criminal) by david curl
"When the claim is that the prior conviction is void because obtained in violation of defendant's ri......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Conjunctive disjunctive (in Criminal) by david curl
Green v. State, No. 05-02-01379-CR, 2003 WL 21962472 at *2 (Tex.App. - Dallas August 18, 2003, pet. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Big Help Needed-if defense inves has tangible evidence... (in Criminal) by david curl
First, you might have the defense attorney and his investigator read TPC 37.09. Aren't they conceal......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hearsay in Juvenile Detention Hearing (in Juvenile Law) by david curl
We know for sure that written reports are ok. TFC 54.01(c). The hearing is supposed to be "informa......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Hypothetical ethical question (in Appellate) by david curl
JAS, I guess that you meant 38.9(a&b) when you cited 39.9(a&b). I doubt you could ever use 38.8(b) ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Hypothetical ethical question (in Appellate) by david curl
I see a fair number of defense briefs that make two page arguments that are obviously meritless. Fo......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Consent to Assault (in Juvenile Law) by david curl
I guess that the main statute you are looking at is TPC 22.06. That wouldn't apply if (1) SBI was t......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Brief Filing Question (in Appellate) by david curl
When I've had this happen, the order for re-briefing normally says when the appellee's brief is due.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Novice question regarding a 13 year old (now adult) who violated PC 22.11 (in Juvenile Law) by david curl
Look at 54.02(j). I think you are out of luck. I think the guy needed to have been 15 at the time o......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: A Dog's Life (in Criminal) by david curl
It begins again. The FW Court now holds that the plain language of "in the act of . . . injuring" i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession Question (in Criminal) by david curl
On the issue of whether a second set of Miranda warnings was needed, you might look at Miller v. S......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New language concerning Mag warnings in �51.095(f) (in Juvenile Law) by david curl
So your argument is that the voluntariness determination required by 51.095(a)(1) applies only to *w......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: New language concerning Mag warnings in �51.095(f) (in Juvenile Law) by david curl
I believe that the Magistrate is required to determine that the custodial statement is voluntary. T......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Judge Amendment (in Criminal) by david curl
I think "no" should be the presumptive vote on all constitutional amendments. The rule of 75 seems......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Time limit for filing a state's appeal? (in Appellate) by david curl
I passed along your observation today to Chuck Mallin -- he's on the Rules Committee....
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Whiskers (in Criminal) by david curl
Shoe was dismissed today as an improvident grant so the Fort Worth coa's favorable opinion stands....
TDCAA > TDCAA Community > Criminal

Discussion Topic  aborting a case certified for adult court (in Juvenile Law) by david curl
I got an e-mail from someone that has certified a now-adult on a very old murder case that was commi......
TDCAA > TDCAA Community > Juvenile Law


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