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Discussion Topic  RE: Viewing Exhibits in the possession of the District Clerk that were introduced at trial (in Appellate) by david curl
I'm thinking about proposing an addition to the TRAPs. Kind of a long shot I know. It's weird th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Viewing Exhibits in the possession of the District Clerk that were introduced at trial (in Appellate) by david curl
I was told this week by our district clerk’s office that a trial court order is now always req......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Are Hunters a Constitutionally-Protected Group? A New York Judge Says Yes (in Criminal) by david curl
Surely Dorf knows that England does not require unanimous verdicts. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI on bicycle? (in Criminal) by david curl
It looks like that’s been the law since at least 1994 when 49.01(3) became effective. See gen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Open Container Search (in Criminal) by david curl
J.A.L. was a fairly recent case on this: "If probable cause justifies the search of a lawfully stop......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Witness and 404(b) (in Criminal) by david curl
Castaldo v. State, 78 S.W.3d 345 (Tex.Crim.App. 2002); Cox v. State, 2009 WL 807491 at *4 (Tex.App.-......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resisting Unlawful Arrest (in Criminal) by david curl
I think bgreer is right that hot pursuit should get the cop into the house. Randolph v. State, 152 ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resisting Unlawful Arrest (in Criminal) by david curl
you might look at State v. Iduarte 268 S.W.3d 544, 551 (Tex. Crim. App. 2008)("If appellee did point......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consent to search and seize? (in Criminal) by david curl
I think it's important to separate the question asked "Is that a valid seizure?" from whether the de......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: legality of septic inspections (in Criminal) by david curl
This independent inspection requirement looks like a part of the State's police powers much like the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Which states allow jury sentencing? (in Criminal) by david curl
Maybe you should add Mississippi and Tennessee. Moton v. State, 999 So.2d 1287, 1288 (Miss.App. 200......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Today's summary reversal of 9th Circuit (in Criminal) by david curl
Interesting per curiam reversal of the 9th Circuit today. The Ninth Circuit's legal- sufficiency re......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: voir dire issue re: lesbian relationship (in Criminal) by david curl
On the one hand a juror is entitled to consider the facts of the case. Sadler v. State, 977 S.W.2d ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New Case on Forensic Testimony? (in Criminal) by david curl
The petitioner is arguing that the while the defense has a right to subpoena the witness, the defens......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New Case on Forensic Testimony? (in Criminal) by david curl
The Lopez case is about to be submitted to the California Supreme Court -- not the U.S. Supreme Cour......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: search of cell phone incident to arrest (in Criminal) by david curl
The Ohio Supreme Court in State v. Smith, disagrees with Finley. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can I enforce an old sentence? (in Criminal) by david curl
The Supreme Court yesterday addressed Pennsylvania’s fugitive forfeiture law. They rejected ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Protective Sweep (in Criminal) by david curl
"When conducting an in-home arrest, a police officer may sweep the house only if he possesses an obj......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Proving Cocaine Use in an MTR (no admission) (in Criminal) by david curl
I agree with John that if you don't want to risk getting reversed you shouldn't try to get a drug te......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Proving Cocaine Use in an MTR (no admission) (in Criminal) by david curl
I agree with Sammy: both state and federal cases hold that the Confrontation Clause does not apply ......
TDCAA > TDCAA Community > Criminal


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