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Discussion Topic  RE: officer's knowledge of 911 caller? (in Criminal) by david curl
After 6 years the CCA has provided a helpful answer: "A 911 police dispatcher is ordinarily regarde......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search warrant affidavit typographical error question (in Criminal) by david curl
If you can show something in the affidavit that is inconsistent with the typo you should be ok to go......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CI Probable Cause Issue (in Criminal) by david curl
Cook v. State, 497 S.W.2d 295 (Tex. Crim. App. 1973) (affidavit contained PC where is stated "MY SOU......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: social history reports (in Juvenile Law) by david curl
I think the only thing they are entitled to add is Parental Written Statement under TFC 61.104. ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: You Can't Make This Up (in Criminal) by david curl
In Houston it's ok to leave marks. In re J.A.J., 225 S.W.3d 621, 630 n.17(Tex.App.- Houston [14th ......
TDCAA > TDCAA Community > Criminal

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: Gun shot wound = serious bodily injury? (in Criminal) by david curl
If you're charging agg assault, wouldn't you be happier going under "deadly weapon,” TPC 22.0......
TDCAA > TDCAA Community > Criminal

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: Using res gestae statement to establish a defense (in Criminal) by david curl
First, except for the art. 38.22 sec. 5 context, the term "res gestae" shouldn't be considered when......
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: Search Warrant Question (in Criminal) by david curl
It looks like two issues: (1) is there an art. 38.23 problem with investigating outside their juri......
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: Voluntary or Coerced? (in Criminal) by david curl
Here's what Dix says: an officer's assertion that he or she will seek or obtain a search warrant if......
TDCAA > TDCAA Community > Criminal


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