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Discussion Topic  RE: Canine Scent Evidence (in Criminal) by david curl
Does Winston v. State, 78 S.W.3d 522 (Tex.App.-Houston [14 Dist.],2002, pet ref'd) answer your quest......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search warrant question (in Criminal) by david curl
Yes, you will need a search warrant to draw blood. Blumenstetter v. State, 135 S.W.3d 234, 242-43 (......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI ROADBLOCKS (in Criminal) by david curl
I wonder if an argument could be made that Holt was overruled by City of Indianapolis v. Edmond, 531......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: State appeal - Ruling on Law (in Appellate) by david curl
My only thought is that you probably need to file a notice of appeal if you plan to do a cross point......
TDCAA > TDCAA Community > Appellate

Discussion Topic  taking the chaos out of execution dates (in Appellate) by david curl
We've got an execution date set for one of our guys in August and I'm trying to come up with a way t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Agg Sex Assault of Child Indictment (in Criminal) by david curl
If you charge sexual assault of a child or aggravated sexual assault of a child you get the 10 years......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Seeking Advice on Search Issue (in Criminal) by david curl
Inevitable discovery was held to be contrary to art. 38.23. State v. Daugherty, 931 S.W.2d 268 (Te......
TDCAA > TDCAA Community > Criminal

Discussion Topic  verdict form question (in Appellate) by david curl
I'm working on a 1st Degree Burglary (sexual assault) appeal and have a verdict form issue that I wo......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Juvenile PSIs (in Criminal) by david curl
We have asked our trial people to get these admitted to avoid the hassle of getting social histories......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: felon in possession of firearm (in Criminal) by david curl
I would think your victim's testimony that the appellant had the gun and used it (or tried to use it......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sufficiency of Evidence (in Criminal) by david curl
For a factual sufficiency claim McDuff 939 S.W.2d at 613 pretty much supports you. For legal suffic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Character evidence (in Criminal) by david curl
You should look at Herasimchuk's book Texas Rules of Evidence Handbook, 253-58 (4th ed. 2001), The......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Incompetency raised after the plea (in Appellate) by david curl
On the competency issue, I would say he forfeited the claim by failing to raise it on direct appeal.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Motion to Suppress (in Criminal) by david curl
I think that would be the rule of might makes right. I recall something similar happened when Judge......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Court of Criminal Appeals (in Criminal) by david curl
I've argued in front of Judge Mansfield about 6 times and I've always had a high opinion of him. He'......
TDCAA > TDCAA Community > Criminal


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