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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

Discussion Topic  RE: Nothing to See Here—Really? (in Appellate) by Martin Peterson
Undoubtedly, TRAP 47.2(b) allows for the publishing of, or grant of precedential value to, memorandu......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Nothing to See Here—Really? (in Appellate) by Martin Peterson
Another example of a case that qualified for publication: ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Dereliction of Duty (in Criminal) by Martin Peterson
Two NBC commentators have now observed: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Dereliction of Duty (in Criminal) by Martin Peterson
This seems a bit scary. The former Brunswick (Georgia) District Attorney now faces up to five years ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appellate Process in Slow Motion (in Appellate) by Martin Peterson
On October 20, Judge Massullo determined not to delay Peterson's re-sentencing any further. It appea......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appellate Process in Slow Motion (in Appellate) by Martin Peterson
Stanislaus County District Attorney Birgit Fladager announced in late May that the State would no lo......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appellate Process in Slow Motion (in Appellate) by Martin Peterson
Turns out that Peterson did not need appointed counsel or to file a petition for certiorari ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI Blood Draws (in Criminal) by Martin Peterson
It must also be remembered that ordering recoupment or restitution may also require the court to con......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deferred for Pre 2019 SJF DWI with Child? (in Criminal) by Martin Peterson
Perhaps in light of the holding in Ex parte Williams, 65 S.W.3d 656, a little more needs to be said ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deferred for Pre 2019 SJF DWI with Child? (in Criminal) by Martin Peterson
The court had no authority to defer further proceedings due to the "Except as provided by Article 42......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson
Update: the current rate of growth in the money supply is in excess of 1% per month. Seems unlikely ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fee to serve criminal subpoena (in Criminal) by Martin Peterson
Perhaps the constable relies on TRCP 126 (which is inapplicable). Your subpoena was presumably issu......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation records (in Criminal) by Martin Peterson
The issue under 39.14 is whether information is "privileged," not confidential. It seems there might......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lost evidence (in Criminal) by Martin Peterson
Ethics Op. No. 690 (10/2020) seems to suggest obtaining a court order may be required, although it i......
TDCAA > TDCAA Community > Criminal


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