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Discussion Topic  RE: Emergency Room Public Place? (in Criminal) by D.Merritt
Control over access does not prevent a place from being a "public place". State v. Gerstenkorn, 23......
TDCAA > TDCAA Community > Criminal

Discussion Topic  CCP 57.03 -- disclosure of victim where a pseudonym has been used (in Civil) by D.Merritt
Anyone have an idea how the prohibition on disclosing the identity of a victim who has chosen to use......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Oral argument requests (in Appellate) by D.Merritt
Amarillo did that to me once -- no big deal, the case was meritless. The Fort Worth court requires ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Drug Dog Question (in Criminal) by D.Merritt
Here's an interestingly link that suggests the handler is a weaker link than the dog. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Production of Defendant's Personal Written Statement (in Criminal) by D.Merritt
Rule 615(a) says that you can't use Rule 615 when the defendant is the witness....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: e-filing at Suprem Court (in Appellate) by D.Merritt
After 9/12 it looks like we'll have no choice but to pay for one of these services. What I hate the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Reasonable Suspicion Based on Personal Knowledge (in Criminal) by D.Merritt
Here are some cases that might be worth looking at: State v. Spillner, 173 P.3d 498, 509-10 (Hawai......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Inevitable discovery (in Criminal) by D.Merritt
I think the discovery of the warrant has to precede the search. State v. Maland, 140 Idaho 817, 1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: A hypothetical (in Criminal) by D.Merritt
That's probably prohibited by TEX. R. EVID. 410. See Bowie v. State, 135 S.W.3d 55, 65 (Tex. Crim. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: blood draw by a police phlebotomist (in Criminal) by D.Merritt
Similar issue is before the cca in State v. Johnston, 305 S.W.3d 746 (Tex.App.-Fort Worth 2009, pet.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-trials and Confrontation Clause objections (in Criminal) by D.Merritt
Ford v. State, 305 S.W.3d 530 (Tex.Crim.App. 2009) at least implies that confrontation doesn't apply......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: re-trial question (in Criminal) by D.Merritt
There is even some authority supporting the court's power to enter a judgment in favor of the aggrie......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exclusionary Rule for Juveniles (in Juvenile Law) by D.Merritt
When I ran 54.03(e) on westlaw about 40 juvenile cases came up....
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Murder as Lesser Included to Capital (in Criminal) by D.Merritt
I think you're right that Feldman is not on point. However, I guess that sec. 19.02(b)(2) is, in th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Murder as Lesser Included to Capital (in Criminal) by D.Merritt
Feldman v. State, 71 S.W.3d 738, 752-53 (Tex. Crim. App. 2002) (where state pleads two theories of c......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: voir dire issue re: lesbian relationship (in Criminal) by D.Merritt
I assume an effort to prohibit fact-specific questions would rely upon a claim the it was an imprope......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: How to Respond to Defendant's "Petition for Nondisclosure Of Criminal History Record Information" (in Criminal) by D.Merritt
Here's a case where somebody filed one of these things. McLendon v. State,2004 WL 1746142 (Tex.App.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Third Party Consent - Sort of...? (in Criminal) by D.Merritt
A dog sniff is not a search. See United States v. Place, 462 U.S. 696, 707 (1983); Crockett v. Stat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search and seizure; fruit of the poisonous tree (in Criminal) by D.Merritt
You ask hard questions. First keep in mind that whether this is a Fourth Amendment violation is no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CPS dismissal date extensions (in Civil) by D.Merritt
I couldn't find anything in the bill about the effective date of the changes to 263.401. I just fou......
TDCAA > TDCAA Community > Civil


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