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Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  RE: Timely Disclosure of State's Witnesses (in Criminal) by Jon English
I'm here all week. Tip your waitresses! ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  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

Discussion Topic  RE: Morton Act and Discovery (in Criminal) by Jon English
On the one hand, there is a process in the Morton Act by which you can redact/ withhold things you b......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Brady/Morton and Officer Termination (in Criminal) by Jon English
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Brady/Morton and Officer Termination (in Criminal) by Jon English
My question is under what theory can the judge determine the witness isn't credible?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Brady, Morton, Schultz, & a deputy named in a civil suit (in Criminal) by Jon English
I think the short answer is that, yes, you need to at least have a judge do an in-camera inspection ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Morton and control of the state or any person under contract with the state" (in Criminal) by Jon English
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Morton and control of the state or any person under contract with the state" (in Criminal) by Jon English
My next thought on this is that if your police agency is paying a nurse to do forensic exams as part......
TDCAA > TDCAA Community > Criminal


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