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Discussion Topic  RE: Can I Re-indict? (in Criminal) by david curl
Sorry, I misunderstood the question. The objection is going to be prosecutorial vindictiveness: To......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can I Re-indict? (in Criminal) by david curl
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI case that eliminated manner and means (in Criminal) by david curl
State v. Barbernell, --- S.W.3d ----, 2008 WL 2596934 at *6-7 (Tex. Crim. App. July 2, 2008) (State ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession after request for Ct. Apointed Counsel (in Criminal) by david curl
Here's another case worth considering: Appellant claims that his Fifth and Sixth Amendment rights t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession after request for Ct. Apointed Counsel (in Criminal) by david curl
I think there are two different issues that tend to get conflated: (1) is a defendant capable of wai......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession after request for Ct. Apointed Counsel (in Criminal) by david curl
As I read Patterson, the defendant never invoked his 6th Amendment right. Accordingly, there was on......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Crawford question for the legal scholars (in Criminal) by david curl
I'm sure you've seen that a forfeiture argument got a lot harder to make after ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Seizing pictures from jail (in Criminal) by david curl
Soria v. State, 933 S.W.2d 46, 60(Tex. Crim. App. 1996) ("Prison officials must be free to seize fro......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Whither the exclusionary rule? (in Criminal) by david curl
I think the ICJ holding was much broader than just a claim that evidence was improperly admitted: "......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Banning descriptive words at trial (in Criminal) by david curl
more of the same ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Warrant discovered through dispatch and hearsay (in Criminal) by david curl
State v. Mayorga, 938 S.W.2d 81, 83 (Tex.App.-Dallas 1996, no pet.) ("the officer in this case was b......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pretrial motion about admissibility of evidence (in Criminal) by david curl
Mandamus seems out of the question since a ruling on the admissibility of evidence is discretionary:......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sealing of Search Warrant Return (in Criminal) by david curl
Does this help: "(d) An order issued under this section may not: (1) prohibit the disclosure of in......
TDCAA > TDCAA Community > Criminal

Discussion Topic  El Dorado (in Criminal) by david curl
Has anyone found a site that has the court documents in the Eldorado case? I am particularly intere......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Jury Charge Instruction (in Criminal) by david curl
Hess v. State, 224 S.W.3d 511, 515 (Tex.App.-Fort Worth,2007, pet. ref'd)....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lying to a suspect to get DNA (in Criminal) by david curl
Interesting article in the NYT today about this issue. The defense push back is: Some legal expe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lying to a suspect to get DNA (in Criminal) by david curl
Here are a couple more cases to consider: United States v. Flynn, 309 F.3d 736, 739 (10th Cir. 2002......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lying to a suspect to get DNA (in Criminal) by david curl
You would probably be safer collecting something the defendant has abandoned than use trickery. Sti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: lagrone extension? (in Criminal) by david curl
Here is a great case that you cannot cite, TRAP 77.3: Ward v. State, No. AP-74695, 2007 WL 1492080 ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancement subject to quash (in Criminal) by david curl
Doesn't Speth v. State, 6 S.W.3d 530 (Tex. Crim. App. 1999) say that illegal conditions of (or the i......
TDCAA > TDCAA Community > Criminal


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