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Discussion Topic  RE: Nunc Pro Tunc to fix Void Order (in Criminal) by ekquisenberry
Thanks to Dan and everyone else that reached out. We were able to get everything fixed via NPT and a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Nunc Pro Tunc to fix Void Order (in Criminal) by ekquisenberry
Have an issue I could use some help with. I have an Order signed by the Court during a plea agreemen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: POM (Class B) Jury Charge (in Criminal) by ekquisenberry
E-mailed you!...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Crossing the County Line with Marijuana (in Criminal) by ekquisenberry
Also, remember that venue is not an element and the standard of proof is preponderance of the eviden......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Citing Unpublished Cases (in Criminal) by ekquisenberry
Completely agree and well said, Martin....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Citing Unpublished Cases (in Criminal) by ekquisenberry
I think we've passed the tipping point with the ubiquity of Lexis, Westlaw, and online citation serv......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Detention Based on Invalid PC (in Criminal) by ekquisenberry
Aaron, Sent you an e-mail on this....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Usable quantity of MJ (in Criminal) by ekquisenberry
Have we tried that amount here? Yes. Have we gotten a conviction on that amount here? Yes, but it w......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Subbing chemist from out of state lab? (in Criminal) by ekquisenberry
Same situation with Dan. We've brought in the OOS analyst, had the local lab retest, etc. There's no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: How to discuss range of punishment for DWI 2nd in voir dire? (in Criminal) by ekquisenberry
Per Oliva v. State (2017 Tex. App. LEXIS 2594, designated for publication), the prior is an element ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Rural Driveway = Public Place? (in Criminal) by ekquisenberry
Suppression wouldn't be proper regardless. Public Place is an element of the offense and they can't ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Double Hearsay (in Criminal) by ekquisenberry
You're correct that they are admissible and not hearsay because they are not offered for the truth o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Senate Bill 1584 (in Criminal) by ekquisenberry
We are having them sign a waiver of the assessment as part of their plea paperwork entered into the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Co-Defendants (in Criminal) by ekquisenberry
Jason's case is a little different because his case involved multiple charges, but only one defendan......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Criminal Trespass voir dire (in Criminal) by ekquisenberry
Last one I did was a 3-counter with CT, Resisting, and Criminal Mischief, so it barely touched on th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Gary Wimbish (update?) (in Expert Witnesses) by ekquisenberry
Casting my line one more time: If anyone has any transcripts of cases involving Dr. Gary Wimbish, p......
TDCAA > TDCAA Community > Expert Witnesses

Discussion Topic  RE: Motion to Revoke (in Criminal) by ekquisenberry
The plea paperwork for the deferred adjudication would still serve as a judicial admission of commit......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Revoke (in Criminal) by ekquisenberry
You can allege any charge that you want and you will bear the burden to prove then by preponderance ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Advice for getting a job as a prosecutor. (in Criminal) by ekquisenberry
It's not uncommon in small, rural offices for a newly-elected official to come in and completely cle......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation language (in Criminal) by ekquisenberry
Here's the original thread/post if that helps: ......
TDCAA > TDCAA Community > Criminal


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