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Discussion Topic  RE: Defendant as a rebuttal witness (in Criminal) by Jimbeaux
I'm not sure I understand why that should be. What magical thing has happened at trial that has obli......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defendant as a rebuttal witness (in Criminal) by Jimbeaux
The more I think about this stuff, the less I think the Fifth Amendment has to do with it. Say, for ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defendant as a rebuttal witness (in Criminal) by Jimbeaux
Here's another semi-useless, unpublished case -- this time federal... Barnum v. Calderon, No. CIV S......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Crawford and Protective Orders (in Criminal) by Jimbeaux
No -- its admission is not dependent on whether he testifies. As the statement of a party-opponent, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Crawford and Protective Orders (in Criminal) by Jimbeaux
Admission of a defendant's statement can't be a Confrontation Clause violation. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Necessity of Separate Warrant for Forensic Evaluation of Electronics (in Criminal) by Jimbeaux
That doesn't sound like a very successful argument. US v. Upham, 168 F.3d 532, 536 (1st Cir. 1999)......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Opening the door during cross-examination (in Criminal) by Jimbeaux
I think that would be tough. See Shipman v. State, 604 S.W.2d 182, 183 (Tex. Crim. App. [Panel Op.] ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Theft as Lesser of Burglary? (in Criminal) by Jimbeaux
I think it depends on if the stolen item was described in the indictment. There's an explanation in ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DNA swabs at booking (in Criminal) by Jimbeaux
Just FYI: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DNA swabs at booking (in Criminal) by Jimbeaux
Well, yeah, except the issue here is that Maryland takes the sample and runs it through CODIS to fin......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: standing (in Criminal) by Jimbeaux
If a defendant has standing to challenge a warrantless search, he has standing to challenge any exce......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Cases (in Criminal) by Jimbeaux
I think there is zero problem with regard to the meter reader being on the property. See Garcia v. S......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: No front license plate (in Criminal) by Jimbeaux
"Wholly intolerant" -- I like that. At the risk of resurrecting something that doesn't need to be, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: No front license plate (in Criminal) by Jimbeaux
See, e.g., United States v. Evans, 333 U.S. 483 (1948) (Congress prohibited concealing an alien, but......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: No front license plate (in Criminal) by Jimbeaux
That's interesting, but I don't see how an officer has authority to pull someone over to give a warn......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: GPS (in Criminal) by Jimbeaux
A question, just out of curiosity. . . Are you adding the cost of the GPS device to the value of the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Collateral estoppel (in Appellate) by Jimbeaux
Yep....
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: SCOTUS rules that attaching GPS to car is a search (in Criminal) by Jimbeaux
I agree that -- generally speaking -- even long term visual tracking of a car shouldn't constitute a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: SCOTUS rules that attaching GPS to car is a search (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: SCOTUS rules that attaching GPS to car is a search (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal


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