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Discussion Topic  RE: expert testimony for lasers? (in Appellate) by david curl
First, I think that you can argue that the laser does not have to be shown to be accurate to justify......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Question from DWI Summit (in Criminal) by david curl
You might look at the DOT report. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Self Defense & Carrying Gun to Confrontation (in Criminal) by david curl
I had a case recently where the trial court instructed the jury under 9.31(b), the Waco didn't addre......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Tables of Authorites software? (in Appellate) by david curl
Our secretaries use a product called "Full Authority" that they seem to like better than Word. I ju......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Amendment on Day of Trial (in Criminal) by david curl
I can't remember what we argued in Tyson but here is what the FWCoA said: An indictment may not be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Does Obstruction Toll SOL for DWI? (in Criminal) by david curl
This case might help Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004) ("The question befor......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attackin Murder Victim W/ Autopsy (in Criminal) by david curl
I recently briefed a claim that the presence of cocaine metabolites in a deceased victim's urine was......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Co-Defendant Judgments Admissible? (in Criminal) by david curl
First, I would think -- assuming the co-defendant does not testify in your trial -- that it would vi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: recording phone calls (in Criminal) by david curl
Alameda v. State, 235 S.W.3d 218, 224 (Tex. Crim. App. 2007) ("We hold that the doctrine of vicariou......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to suppress question (in Criminal) by david curl
I assume you had (1) an arrest for something like public intoxication which (2) led to a search inci......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Death penalty oral argument online (in Criminal) by david curl
Here's a link for oral arguments ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Punishment evidence (in Criminal) by david curl
"When the claim is that the prior conviction is void because obtained in violation of defendant's ri......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Big Help Needed-if defense inves has tangible evidence... (in Criminal) by david curl
First, you might have the defense attorney and his investigator read TPC 37.09. Aren't they conceal......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consent to Search (in Criminal) by david curl
Here are a few cases: Bryan v. State, 11-05-00189-CR, 2007 WL 935579 *2 (Tex.App. - Eastland March ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hypothetical ethical question (in Appellate) by david curl
JAS, I guess that you meant 38.9(a&b) when you cited 39.9(a&b). I doubt you could ever use 38.8(b) ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Hypothetical ethical question (in Appellate) by david curl
I see a fair number of defense briefs that make two page arguments that are obviously meritless. Fo......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Brief Filing Question (in Appellate) by david curl
When I've had this happen, the order for re-briefing normally says when the appellee's brief is due.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Novice question regarding a 13 year old (now adult) who violated PC 22.11 (in Juvenile Law) by david curl
Look at 54.02(j). I think you are out of luck. I think the guy needed to have been 15 at the time o......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: A Dog's Life (in Criminal) by david curl
It begins again. The FW Court now holds that the plain language of "in the act of . . . injuring" i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession Question (in Criminal) by david curl
On the issue of whether a second set of Miranda warnings was needed, you might look at Miller v. S......
TDCAA > TDCAA Community > Criminal


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