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Discussion Topic  RE: CCA amends TRAP immediately (in Appellate) by D.Merritt
I've been putting the number of words because the rule says "stating the number of words in the docu......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: US v. Jones v. Confidential Informants (in Criminal) by D.Merritt
A court should reject the complaint on the basis of consent for the entry. Cases you might look at ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: PDR on court's own motion (in Appellate) by D.Merritt
11-1682 HASSAN, ADBIHAKIM HARRIS FAILING TO STOP Is using two out of three peremptory strikes agains......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Good Faith applicable? (in Criminal) by D.Merritt
For the Fourth Amend issue you can look at Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Production of Defendant's Personal Written Statement (in Criminal) by D.Merritt
Rule 615(a) says that you can't use Rule 615 when the defendant is the witness....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Inevitable discovery (in Criminal) by D.Merritt
I think the discovery of the warrant has to precede the search. State v. Maland, 140 Idaho 817, 1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: A hypothetical (in Criminal) by D.Merritt
That's probably prohibited by TEX. R. EVID. 410. See Bowie v. State, 135 S.W.3d 55, 65 (Tex. Crim. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: blood draw by a police phlebotomist (in Criminal) by D.Merritt
Similar issue is before the cca in State v. Johnston, 305 S.W.3d 746 (Tex.App.-Fort Worth 2009, pet.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-trials and Confrontation Clause objections (in Criminal) by D.Merritt
Ford v. State, 305 S.W.3d 530 (Tex.Crim.App. 2009) at least implies that confrontation doesn't apply......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Claiming Privilege (in Criminal) by D.Merritt
You can ask to do the direct and cross first in voir dire and if the witness refuses to submit to cr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Witness and 404(b) (in Criminal) by D.Merritt
Regarding the apparently deleted post about attempting to blame a third party via an extraneous offe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: voir dire issue re: lesbian relationship (in Criminal) by D.Merritt
I assume an effort to prohibit fact-specific questions would rely upon a claim the it was an imprope......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Third Party Consent - Sort of...? (in Criminal) by D.Merritt
A dog sniff is not a search. See United States v. Place, 462 U.S. 696, 707 (1983); Crockett v. Stat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Unconstitutional as applied (in Appellate) by D.Merritt
A complaint that a statute is unconstitutional as applied because of vagueness must be raised in the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  DWI struggles in other states (in Criminal) by D.Merritt
Somehow comforting to see other states struggle with DWI laws -- even if their legislatures are ahe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search and seizure; fruit of the poisonous tree (in Criminal) by D.Merritt
You ask hard questions. First keep in mind that whether this is a Fourth Amendment violation is no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CPS dismissal date extensions (in Civil) by D.Merritt
I couldn't find anything in the bill about the effective date of the changes to 263.401. I just fou......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Right to Appointed Counsel (in Criminal) by D.Merritt
42 TEX PRAC § 24.52a...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: deadly weapon finding (in Criminal) by D.Merritt
This seems to be one: "Here, the indictment specifically alleged the use of a "deadly weapon," and ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Parental Terminations law change (in Juvenile Law) by D.Merritt
Anyone who handles parental terminations should look at the new provison, 263.405(i), that was signe......
TDCAA > TDCAA Community > Juvenile Law


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