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Discussion Topic  RE: Need Assistance on Case Law on a Forcing a Witness to Testify (in Criminal) by D.Merritt
Here is a case where the motion you are dealing with was rejected on appeal. Jackson v. State 110 S......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: So where did your Mom go to law school? (in Criminal) by D.Merritt
52.02 requires that parents be notified but, no, that did not have anything to do with the coa opini......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Boston Legal (in Criminal) by D.Merritt
What surprised me more than the unconcealed hatred that David Kelley seems to have for Texas was the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Franks hearing (in Criminal) by D.Merritt
I think you can do a state's appeal if the trial court dismisses or suppresses because of a refusal ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using Prior Testimony of Defendant if he doesn't testify? (in Criminal) by D.Merritt
If he does testify at trial, you should be able to use his suppression testimony for impeachment -- ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Good Faith applicable? (in Criminal) by D.Merritt
For the Fourth Amend issue you can look at Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, ......
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: 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: 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: Claiming Privilege (in Criminal) by D.Merritt
You can ask to do the direct and cross first in voir dire and if the witness refuses to submit to cr......
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: Resisting Arrest help ASAP (in Criminal) by D.Merritt
Cail v. State, 2003 WL 21357288, at *2 (Tex.App.-Houston [1st Dist.] June 12, 2003, no pet.) (not de......
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: 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

Discussion Topic  RE: Right to Appointed Counsel (in Criminal) by D.Merritt
42 TEX PRAC § 24.52a...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Question on Burglary Indictment (in Criminal) by D.Merritt
Might look at Francis v. State, 36 S.W.3d 121, 126 (Tex. Crim. App. 2000) (Womack, J., concurring) ......
TDCAA > TDCAA Community > Criminal


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