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RE: Prosecution of CI Buy Cases and Michael Morton (in Criminal) by Jon English The Morton Act doesn't defeat the privileges in 508 - privileged (but not confidential) information ...... TDCAA > TDCAA Community > Criminal RE: Sexual Assault of a Child-Romeo and Juliet (in Criminal) by Jon English It's still sexual assault to cause non-consensual sexual contact with ANY person. It's sexual assaul...... TDCAA > TDCAA Community > Criminal RE: 21.16 - Venue? (in Criminal) by Jon English I think you can make an argument that venue lies where the harm was caused. There's enough to work w...... TDCAA > TDCAA Community > Criminal RE: 21.16 - Venue? (in Criminal) by Jon English The gravamen of the offense is the "disclosure," so I think venue is gonna lie wherever he was when ...... TDCAA > TDCAA Community > Criminal RE: dwi charge (in Criminal) by Jon English No. Public intoxication is not a lesser included of DWI. The elements they share don't amount to an ...... TDCAA > TDCAA Community > Criminal RE: Tampering (in Criminal) by Jon English No, you're correct. As soon as I posted that I thought "that's just not right. I'm missing something...... TDCAA > TDCAA Community > Criminal RE: Tampering (in Criminal) by Jon English Actually... now that I look at this again, this decision was before the language specifically mentio...... TDCAA > TDCAA Community > Criminal RE: Tampering (in Criminal) by Jon English The 5th in Dallas says "no." See Pannell v. State, 7 S.W.3d 222 (Tex. App. -- Dallas, 1999).... TDCAA > TDCAA Community > Criminal RE: drones (in Criminal) by Jon English I mean... it might be disorderly conduct, deadly conduct, or criminal mischief depending on the fact...... TDCAA > TDCAA Community > Criminal RE: What is public? (in Criminal) by Jon English Also, isn't a threat on a public servant a Class A misdemeanor and not a felony? FWIW, I don't thin...... TDCAA > TDCAA Community > Criminal RE: What is public? (in Criminal) by Jon English Nope. Don't see that holding up. See TPC 1.07(40). "Public place" means any place to which the pub...... TDCAA > TDCAA Community > Criminal RE: Timely Disclosure of State's Witnesses (in Criminal) by Jon English I'm here all week. Tip your waitresses! ...... TDCAA > TDCAA Community > Criminal RE: Timely Disclosure of State's Witnesses (in Criminal) by Jon English That was under the old statute, where a judge could order it. The language was changed last session....... TDCAA > TDCAA Community > Criminal RE: Timely Disclosure of State's Witnesses (in Criminal) by Jon English This actually happened to me just a few weeks ago and I found nothing in case law to save me. I had ...... TDCAA > TDCAA Community > Criminal RE: Timely Disclosure of State's Witnesses (in Criminal) by Jon English The 20-day rule in statute is only for expert witnesses, and your dispatcher isn't an expert, so you...... TDCAA > TDCAA Community > Criminal Can't say the BAC number in opening? (in Criminal) by Jon English There has long been a legend in our office that a prosecutor cannot tell the jury what the State exp...... TDCAA > TDCAA Community > Criminal RE: Demonstratives in Voir Dire (in Criminal) by Jon English Awesome! His footnotes are a virtual voir dire case law library.... TDCAA > TDCAA Community > Criminal RE: Demonstratives in Voir Dire (in Criminal) by Jon English ...... TDCAA > TDCAA Community > Criminal RE: Family Violence (in Criminal) by Jon English Here's the tricky thing about that FV finding: it's not an element unless you're trying to enhance w...... TDCAA > TDCAA Community > Criminal | » Refine Search » New Search |
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