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Discussion Topic  RE: Fort Worth is Dead Wrong (in Criminal) by Merrit
You can ask the Court of Criminal Appeals for an extension of time to file your PDR. I have never h......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fort Worth is Dead Wrong (in Criminal) by Merrit
Stuart, keep in mind that a motion for reconsideration en banc will not extend your deadline to file......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Name of Victim on Indictment (in Criminal) by Merrit
Look at Fuller v. State, 73 S.W.3d 250, 254 (Tex. Crim. App. 2002) (immaterial variance review appli......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: On a TRAFFIC STOP a family memeber or friend of the subject stopped comes up to your stop causing problems......What would the arrest title be??? (in Criminal) by Merrit
You might look at (1) Interference with Public Duties, Texas Penal Code sec. 38.15, or (2) Obstruct......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Factual Sufficiency and lesser included conviction (in Criminal) by Merrit
I think this issue is currently pending before the cca. Bustillos v. State, 2003 WL 1386948 (Tex.Ap......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: search warrant to retrieve numbers from cell phones (in Criminal) by Merrit
This case seems to be on point. U.S. v. Parada 289 F.Supp.2d 1291, 1303-04 (D.Kan. 2003). The exig......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: LP obscured (in Criminal) by Merrit
TEX. TRANSP. CODE sec 502.409...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI charge question: can I add "with test" when only plead as "loss normal"? (in Criminal) by Merrit
I was at the juvenile law conference in Austin, and just read this, but FYI: that language from Sol......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: SJF Theft w/2 priors (in Criminal) by Merrit
The best case for your position is Throneberry v. State, 109 S.W.3d 52, 55 Tex.App.-Fort Worth 2003,......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Assault Family Violence � Prior Inconsistent (in Criminal) by Merrit
Crawford will never be a problem if the witness testifies. Crawford, Fn. 9 "Finally, we reiterate t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Crawford v. Washington (in Criminal) by Merrit
I think the firmly rooted stuff and reliability are no longer considerations. The question now is ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Rehearing En Banc (in Appellate) by Merrit
Requesting reconsideration en banc has gotten to be too much of a mess to deal with. Ex parte Sierr......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Habeas Challenge to '89 DWI Conviction (in Appellate) by Merrit
I don't think confinenment is required. Ex parte Schmidt, 109 S.W.3d 480 Tex.Crim.App.,2003....
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Elapsed time between passes during HGN (in Criminal) by Merrit
Maybe this case will help Compton v. State, NO. 06-02-00194-CR, 2003 WL 22143267 at*3 (Tex.App.-Texa......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can evid. from an acquital be used as CCP 37.07 evid. in punishment? (in Criminal) by Merrit
It was recently noted that what you'd like to do would be ok in federal court because extranoues off......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Is this a crime? (in Criminal) by Merrit
My defendant agrees to purchase a car at a dealership. He signs the loan application and appears to......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: punishment hearing (in Criminal) by Merrit
There is support for the idea that 37.07 no longer requires that the prior conviction be final. Lav......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Help. I'm tired (in Criminal) by Merrit
Nature of conduct. Sneed, 803 S.W.2d 835 n.2; Guzman, 988 S.W.2d at 887; see also ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Watch What You Say (in Criminal) by Merrit
Somebody ought to direct the court to United States v. Hastings, 461 U.S. 499, 507: "the interests ......
TDCAA > TDCAA Community > Criminal


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