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Discussion Topic  RE: Crime Lab drug results (in Criminal) by Martin Peterson
Another thing to keep in mind is that "[t]he definition of “intoxicated” in the driving-while-intoxi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Counts in DWI Child Passenger (in Criminal) by Martin Peterson
Has not your defendant already been convicted of two offenses? If so, then abandoning one charge now......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: indictment after information (in Criminal) by Martin Peterson
From the John Wesley Hardin appeal: "the mere pendency of one indictment is no bar to another, even ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  "Appropriate action" for ethics violation (in Criminal) by Martin Peterson
The breadth of the ruling in Westview Drive Investments, LLC v. Landmark American Ins. Co., No. 14-1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-indictment discovery (in Criminal) by Martin Peterson
The discovery request is arguably supported by this language in Judge Alcala's concurring statement ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Overly Broad Discovery Request (in Criminal) by Martin Peterson
To me, a proper response might look something like this: The right to discovery in a Texas criminal......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense(appointed) Motion to Hire Expert (in Criminal) by Martin Peterson
The court should also be taking into account whatever information is or is not provided "with regard......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense(appointed) Motion to Hire Expert (in Criminal) by Martin Peterson
I think you will likely just have to rely on the judge's familiarity with, and application of, Jimen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HELP! 481.103(d) and tetrahydocannabinol (in Criminal) by Martin Peterson
If the substance can be proved to be dronabinol, then maybe the defense can be proven. Otherwise, th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Long Opinions (in Appellate) by Martin Peterson
We most often associate really long opinions with SCOTUS. But, they occasionally appear in the publi......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Abuse of Writ (in Appellate) by Martin Peterson
Perhaps like some of you, I have from time to time pondered who held the record for filing the most ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Forgotten Part of the Speedy Trial Act (in Criminal) by Martin Peterson
Normally, in order to get the benefit of the right to a speedy trial the defendant must object to th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
Try to bend a rule too far and you will break it. Everyone knows that the 30-day deadline for timely......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: En Banc Rehearing (in Appellate) by Martin Peterson
Nothing much to see here after all. The motion was promptly denied by a 4-3 vote (same alignment as ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: En Banc Rehearing (in Appellate) by Martin Peterson
Well, Hood County decided to file a motion for en banc reconsideration (but no motion for rehearing)......
TDCAA > TDCAA Community > Appellate

Discussion Topic  En Banc Rehearing (in Appellate) by Martin Peterson
A strange set of circumstances has arisen in Fort Worth. A case has been decided in accord with TRAP......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Prior conviction/ enhancement double-dipping (in Criminal) by Martin Peterson
As a further example of judicial construction of legislative intent in enacting habitual criminal st......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prior conviction/ enhancement double-dipping (in Criminal) by Martin Peterson
Maybe this statement from Massachusetts helps in understanding why courts have been reluctant to fin......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prior conviction/ enhancement double-dipping (in Criminal) by Martin Peterson
Justice Teague simply stated: "the source of this rule of law is actually this Court's opinion of Ga......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prosecution of CI Buy Cases and Michael Morton (in Criminal) by Martin Peterson
The video of the offense is not considered a recorded statement of the defendant or a witness. But, ......
TDCAA > TDCAA Community > Criminal


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