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Discussion Topic  RE: Gambling winnings during investigation (in Civil) by Martin Peterson
I am going to assume that public funds from some source were used in playing on the machines. So, wh......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Long Opinions (in Appellate) by Martin Peterson
If unavailability (or unequal availability) was a motivating factor, then it has disappeared. Ther......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Long Opinions (in Appellate) by Martin Peterson
One reason for my curiosity about unpublished opinions lay in TRAP 77.3. That rule is very clear: "U......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: §12.45 and §25.072 (in Criminal) by Martin Peterson
What seems plain to me is that you can prove that the defendant two times engaged in conduct that co......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sanctions against defense attorney (in Criminal) by Martin Peterson
As one would expect, there do not appear to be any appellate court cases demonstrating the scope or ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resolution of Misdemeanors (in Criminal) by Martin Peterson
Harris County is set to approve a settlement of O'Donnell. The legislature sought to provide a sta......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Continuous FV or Two MA Assaults FV? (in Criminal) by Martin Peterson
Possibly the change made in the original bill by the committee substitute answers your question: the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Venue for Continuous Family Violence (in Criminal) by Martin Peterson
It appears the applicable statute will be art. 13.18. While art. 13.19 might prove of some help, the......
TDCAA > TDCAA Community > Criminal

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: Discovery in Habeas Proceedings (in Civil) by Martin Peterson
I presume you refer to an application for relief under art. 11.072. I do not believe this constitute......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Playing 911 call for jury (DWI case) (in Criminal) by Martin Peterson
Hearsay objections to 911 recordings have been repeatedly rejected. One recent example: "Because Woo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Admitting portion of the record in same case (in Other) by Martin Peterson
It could easily be argued that this statement was not hearsay under 801(e)(2)(A) or falls within 803......
TDCAA > TDCAA Community > Other

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: CCA Catching Up (in Appellate) by Martin Peterson
As of today there were only 50 pending cases in which discretionary review had been granted. That co......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appeal of Probable Cause writ (in Appellate) by Martin Peterson
Well, I see that the appellate court held that the accused was entitled to discharge ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: CCP 14.01 (in Criminal) by Martin Peterson
The Court of Appeals cited 14.01 as supporting the legality of an arrest made by an officer who had ......
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


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