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Discussion Topic  RE: Competency trial issues (in Criminal) by Martin Peterson
After examining only the statutes and Thompson v. State, 654 S.W.2d 26 (Tex. App. 1983), my thoughts......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Long Opinions (in Appellate) by Martin Peterson
Another aspect of Rule 77.3 is that it may foster misuse of the court’s precious time. For example, ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Dereliction of Duty (in Criminal) by Martin Peterson
Two NBC commentators have now observed: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Dereliction of Duty (in Criminal) by Martin Peterson
This seems a bit scary. The former Brunswick (Georgia) District Attorney now faces up to five years ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
Under ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
False alarm. All we learn for sure is that Irving’s analysis is faulty because the manner and means ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
A more definitive answer to my initial question may be forthcoming in Barrett's case, PD-1362-18. Th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appellate Process in Slow Motion (in Appellate) by Martin Peterson
On October 20, Judge Massullo determined not to delay Peterson's re-sentencing any further. It appea......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appellate Process in Slow Motion (in Appellate) by Martin Peterson
Stanislaus County District Attorney Birgit Fladager announced in late May that the State would no lo......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appellate Process in Slow Motion (in Appellate) by Martin Peterson
Turns out that Peterson did not need appointed counsel or to file a petition for certiorari ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Appellate Process in Slow Motion (in Appellate) by Martin Peterson
Everyone knows that California trials are “different” from those in Texas. Appeals, at least in cert......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Deferred for Pre 2019 SJF DWI with Child? (in Criminal) by Martin Peterson
Perhaps in light of the holding in Ex parte Williams, 65 S.W.3d 656, a little more needs to be said ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deferred for Pre 2019 SJF DWI with Child? (in Criminal) by Martin Peterson
The court had no authority to defer further proceedings due to the "Except as provided by Article 42......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fee to serve criminal subpoena (in Criminal) by Martin Peterson
Perhaps the constable relies on TRCP 126 (which is inapplicable). Your subpoena was presumably issu......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lost evidence (in Criminal) by Martin Peterson
Ethics Op. No. 690 (10/2020) seems to suggest obtaining a court order may be required, although it i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lost evidence (in Criminal) by Martin Peterson
One possibility: get a pretrial hearing set under art. 28.01 §1(8) and issue a subpoena under arts. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Phantom Right of Appeal (in Appellate) by Martin Peterson
Seghelmeble, 390 S.W.3d at 583-83 still stands. But I continue to believe there is a basis for revie......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Abandoning MRP Allegations (in Criminal) by Martin Peterson
Abandoning an allegation is no longer so important after Waters, 560 S.W.3d at 661 ((concluding that......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Nothing to See Here—Really? (in Appellate) by Martin Peterson
In my opinion, there is little doubt that many opinions that would qualify as dealing with issues th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Resolution of Misdemeanors (in Criminal) by Martin Peterson
For another potential side effect of bail reform see ......
TDCAA > TDCAA Community > Criminal


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