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Discussion Topic  RE: Meet Judge Per Curiam (in Appellate) by Martin Peterson
There is no standard for application of the rule. TRAP 47.2(a) merely states: " A majority of the ju......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Mandamus (in Appellate) by Martin Peterson
The issue arises in other respects as well. The Thirteenth Court cited the decision in Johnson, 280 ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Mandamus (in Appellate) by Martin Peterson
If you are faced with the unpleasant task of accusing a judge of an abusive ruling and must also pon......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Citation of SCOTUS Opinions (in Appellate) by Martin Peterson
Almost no private law libraries have included bound copies of the U.S. Reports (ever). That was why ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Intent to possess CS under PG 1; Lab reveals PG1B (in Criminal) by Martin Peterson
Here is a case that might add to the quandary: Blackman v. State, 350 S.W.3d 588, 594 (Tex. Crim. A......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Dying Precedents (in Appellate) by Martin Peterson
In Rogers v. State, 677 S.W.3d 705, a slim majority of the CCA has belatedly ordered several publish......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Continuous Violence Against the Family & Statute of Limitations (in Criminal) by Martin Peterson
Not sure this will work but may be worth the try. Although not a perfect analogy, the look-back per......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
To update from Sept., 2018: The number of pending cases, not yet decided, involving convictions has ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
The Barrett claim was not revived and the PDR in Gunter was refused. So, it provides the best guidan......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
It seems the holding in Gunter is not inconsistent with Brown because multiple stabs with the same w......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Ordinances eliminating marijuana enforcement (in Criminal) by Martin Peterson
I will share a few thoughts: The harm is that police officers are required to try to prevent crime ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Inmate release in error (in Criminal) by Martin Peterson
It would appear to me that you should request the convicting court to issue a capias. See Holloway, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dereliction of Duty (in Criminal) by Martin Peterson
The theory for holding Johnson to have engaged in felonious conduct is this: "despite having knowled......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Habeas Writ Granted by County Court at Law in Another County? (in Appellate) by Martin Peterson
Granting relief through habeas is almost always reserved to the courts of the county where the offen......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Habeas Writ Granted by County Court at Law in Another County? (in Appellate) by Martin Peterson
Perhaps an answer to this question is finally upcoming in State v. Curipoma, PD-0159-22. In that cas......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Competency trial issues (in Criminal) by Martin Peterson
After examining only the statutes and Thompson v. State, 654 S.W.2d 26 (Tex. App. 1983), my thoughts......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 32.45 Misapplication of Fiduciary Duty (in Criminal) by Martin Peterson
Since no one else has, I will take a stab. Although for its bookkeeping convenience the management ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Video of DIC 24 (in Criminal) by Martin Peterson
The fact of refusal is plainly admissible to support an inference of guilt. And the defense will wan......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Long Opinions (in Appellate) by Martin Peterson
Another aspect of Rule 77.3 is that it may foster misuse of the court’s precious time. For example, ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Felony Murder Question (in Appellate) by Martin Peterson
I think this language is designed to apply where there is no conscious disregard of the risk of deat......
TDCAA > TDCAA Community > Appellate


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