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Discussion Topic  RE: Writ of Mandamus (in Criminal) by Martin Peterson
If this pleading is one described by TRAP 72.1, then the clerk might simply return it (as it is prop......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
In the clerk's letter acknowledging filing of an Appellant's Brief and notifying the State's attorne......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
Re: my post of April 7, 2017. I feel certain that what I said had no influence in what happened, bu......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
The time limits have finally caught up with a State's attorney as well. Not sure every court will be......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: expert on self defense (in Criminal) by Martin Peterson
Ordinarily, the defendant is the only source of evidence of his or her state of mind at the time the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin Peterson
Hard to tell why the specific intent was included, except perhaps to meet the objection that the bil......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin Peterson
The statute has some flaws. First, how could one use force to take over possession of the “protectiv......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Repeat Offender vs. Arbuckle (in Criminal) by Martin Peterson
Back in 2005, I drafted a possible amendment to sec. 12.42 of the Penal Code that would treat probat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  All Things Discovery (in Criminal) by Martin Peterson
Read the brief. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Citing Unpublished Cases (in Criminal) by Martin Peterson
So, in effect, the jurisprudence of the State is actually growing faster than ever (as the distincti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Citing Unpublished Cases (in Criminal) by Martin Peterson
In a rarely used footnote, the Dallas court specifically explained why it only seemed to rely on unp......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Citing Unpublished Cases (in Criminal) by Martin Peterson
Even the appellate courts routinely cite unpublished authority in connection with a ruling. In Posey......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Failure to Remit Tax TAX 152.104 (in Criminal) by Martin Peterson
I have always been a fan of quoting the language of the statute involved in alleging most any violat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resolution of Misdemeanors (in Criminal) by Martin Peterson
No mechanical application of pre-set amounts for bail and more leniency in use of personal bonds and......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resolution of Misdemeanors (in Criminal) by Martin Peterson
O'Donnell has generated a great deal of interest, so it appears the Fifth Circuit will be providing ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Even after the decision in Lee, it remains possible to lose an immigration writ based on lack of pro......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: It is past time for a change to these user forums (in Other) by Martin Peterson
I was one of the very first persons to sign up to participate in the forum. I thought it was likely ......
TDCAA > TDCAA Community > Other

Discussion Topic  RE: Sample 11.09 Writ Response (in Appellate) by Martin Peterson
Probably no specific form is available because it would depend on what is alleged as the basis for t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Time limit for defense closing argument in joint trials (in Criminal) by Martin Peterson
I do not know the case to which you refer. The interesting point in your question is the fact that t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are you responsible for my file? (in Criminal) by Martin Peterson
Who is "the state" may assume far greater importance in light of new subsection (h-1) to art. 39.14.......
TDCAA > TDCAA Community > Criminal


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