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Discussion Topic  Intox Assault - Peace Officer (in Criminal) by EJF
Facts - Officer is on her way to work, in full uniform but not in a patrol car. Personal vehicle do......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Retroactivity (in Criminal) by EJF
Good faith is the argument that's worked well here in combination with the Transportation Code statu......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Production of Defendant's Personal Written Statement (in Criminal) by EJF
Defendant testifies that he made a written statement to help him remember the incident and reviewed ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Production of Defendant's Personal Written Statement (in Criminal) by EJF
Defendant testifies that he made a written statement to help him remember the incident and reviewed ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  faxed business records affidavit okay? (in Criminal) by EJF
Anyone aware of any authority that the affidavit for business records must be an original? I read ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  faxed business records affidavit okay? (in Criminal) by EJF
Anyone aware of any authority that the affidavit for business records must be an original? I read ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Mandatory Blood evidence (in Criminal) by EJF
Defense trying for nullification. State shut down in voir dire when talking about legality of manda......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Mandatory Blood evidence (in Criminal) by EJF
With mandatory blood draws, is your county putting the Transportation Code statute making the withdr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI & Hall v State (297 S.W.3d 294) (in Criminal) by EJF
Remember that you only need reasonable suspicion to stop. Depending on what's in your record with y......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: An excellent Intoxication Assault/Manslaughter voir dire (in Criminal) by EJF
I'd like to take a look also. You can just email the digital one when you get it. ejfuchs@bexar.or......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Online Harassment: Craigslist a social networking site? (in Criminal) by EJF
(b) doesn't state that the electronic communication has to be sent to a specific person (that you ca......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Online Harassment: Craigslist a social networking site? (in Criminal) by EJF
Guy creates ad on Craigslist for ex-wife telling people she wants to do deviate sexual acts, listing......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Does doing one too few of passes make HGN inadmissible? (in Criminal) by EJF
Officer does only one pass for lack of smooth pursuit. Admits he misses a pass pre-trial after view......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Is 38.22 waived with no objection? (in Criminal) by EJF
Scenario: DWI interview questions are done and answered on video prior to Miranda warnings. No disp......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Does 38.23 instruction include PC determination? (in Criminal) by EJF
Defense has indicated they will want a 38.23 jury instruction on whether there was probable cause to......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Challenging Defendant to do HGN in court (in Criminal) by EJF
Scenario: The defense raised the issue of natural nystagmus on officer cross-examination. On re-dir......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Radar calibration (in Criminal) by EJF
Set-up: In DWI cases, Motion to Suppress the stop for speeding where the stop is based solely on a r......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defendant's hearsay statement (in Criminal) by EJF
Yes, but remember he then opens himself up to you impeaching that statement with Rule 806....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Marijuana Case (in Criminal) by EJF
No. See Osbourn, 92 S.W.3d 531 (Tex Crim App. 2002). Be careful if you're alleging more than 2 o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: BAC in DWI indictment (in Criminal) by EJF
State v. Barbernell, 257 S.W.3d 248 (Tex. Crim. App. 2008)...
TDCAA > TDCAA Community > Criminal


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