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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: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
There are several things about the decision in Jae Lee that deserve discussion, but I choose these t......
TDCAA > TDCAA Community > Appellate

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Discussion Topic  Citing Unpublished Cases (in Criminal) by Martin Peterson
Even the appellate courts routinely cite unpublished authority in connection with a ruling.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: 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  Resolution of Misdemeanors (in Criminal) by Martin Peterson
I believe that persons being held on misdemeanor charges are quite often willing to enter guilty ple......
TDCAA > TDCAA Community > Criminal

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

Discussion Topic  RE: Theft enhancement based on prior convictions (in Criminal) by Martin Peterson
I think you are safe in your interpretation of "any grade of theft." However, I point out, as I did ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Charging Endganering a Child when Child Born Postiive for Meth (in Criminal) by Martin Peterson
Sorry, this is not helpful to your position, but maybe helpful in evaluating your position: "The St......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Incompetent and Not Likely to Regain (in Criminal) by Martin Peterson
If you let the argument carry all the way to a dismissal of the charge, then would not an avenue to ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Incompetent and Not Likely to Regain (in Criminal) by Martin Peterson
The decision in Manning is interesting in that Judge Davis found the 1975 addition of subsection 1(b......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
The time-limit rules are designed to secure an orderly and more prompt ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
The steam from the ears turned to a cool mist. The brief, not particularly complex (raised only suff......
TDCAA > TDCAA Community > Appellate

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: In re Allen (in Appellate) by Martin Peterson
Legislature: nothing, at least not this session. CCA: Who knows? As the Chief states: "It is not at......
TDCAA > TDCAA Community > Appellate

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  RE: joined defendants and cause numbers (in Criminal) by Martin Peterson
Do the indictments read the same (except for the defendant's name)? If so, then it seems the case sh......
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


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