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Discussion Topic  RE: Sex Offenders Moving to TX From Other States (in Criminal) by Adam Poole
Take a look at CCP Art. 62.052. I believe you go by the law of the state of conviction/adjudication ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Special Finding for Victim's Age? (in Criminal) by Adam Poole
I'm about to try an Indecency with a Child where the victim was 5 years old. The indictment merely a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: juvenile drug dealer (in Criminal) by Adam Poole
Gretchen my reading of that affirmative defense is simply that you cannot charge a juvenile with the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: juvenile drug dealer (in Criminal) by Adam Poole
No such thing as possession with intent to deliver but why not attempted delivery of marihuana? Bu......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: ? About a C/I that included Defendant's affirmative defense as an element... (in Criminal) by Adam Poole
Take a look at Nam Hoai Le v. State. 963 S.W.2d 838. It deals with a very similar issue where an add......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation on Agg. Asslt of Child as lesser of Continous Sexual Abuse of a Child (in Criminal) by Adam Poole
SAProsecutor, that's the argument I made that didn't fly with the court. The defense's argument is t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation on Agg. Asslt of Child as lesser of Continous Sexual Abuse of a Child (in Criminal) by Adam Poole
I believe it is possible to convict on a lesser of Agg. Sex Assault but I do not see how the jury ca......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Probation on Agg. Asslt of Child as lesser of Continous Sexual Abuse of a Child (in Criminal) by Adam Poole
The defense attorney just busted a panel on a charge of Continuous Sexual Abuse of a Child because t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Effect of 39.15 on inspection of hard drive for Child Porn (in Criminal) by Adam Poole
The defense has hired an expert to analyze the hard drive which contained child pornography. The def......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Amending a Complaint (not an information) (in Criminal) by Adam Poole
Look at Nam Hoai Le v. State 963 S.W.2d 838. The charging instrument that matters on a de novo JP a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: knowing and intentional theft (in Criminal) by Adam Poole
That is not a problem. The State is entitled to plead in the conjunctive and prove in the disjuncti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Warrantless search of vehicles (in Criminal) by Adam Poole
The link works ok for me. Here is the holding: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fecal Fit Finishes Fray (in Criminal) by Adam Poole
I wonder if they can charge him with illegal dumping ?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Distinguishing Class B and A DWLIs (in Criminal) by Adam Poole
The statute could not be written any clearer in my opinion. If the idea was to require the person be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  The Perfect Plea: KFC (in Criminal) by Adam Poole
Here is a very creative plea bargain... "Tremayne Durham became known as the fried chicken killer b......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Radar calibration (in Criminal) by Adam Poole
A couple of the cases cited in this post might be a good starting point... ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: PBT's for suspected DWI (in Criminal) by Adam Poole
The officers in my county all seem to use PBTs. Its just one more thing to list as PC for the arrest......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sexual Assault Charged as 1st Degree Felony under PC 22.011(f) (in Criminal) by Adam Poole
Maybe I'm wrong but it looks to me like section (f) doesn't have a metal state requirement and you d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI as a party??? (in Criminal) by Adam Poole
But he has to be a party to the offense, not just to one of the elements. There's no question he aid......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI as a party??? (in Criminal) by Adam Poole
It would give new meaning to the phrase, "friends don't let friends drive drunk." I just don't think......
TDCAA > TDCAA Community > Criminal


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