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Discussion Topic  Prosecuting Evidence Tampering (in Criminal) by Ben Smith
Is anyone prosecuting these type cases as 37.09(d)(1) evidence tampering? Scenario: Officer pulls ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Open Container Search (in Criminal) by Ben Smith
We have a case where the trooper makes a stop for speeding. When the trooper approaches the driver ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  confession -- in custody or not? (in Criminal) by Ben Smith
I'm looking for caselaw that would help support the admissibility of an oral confession in the follo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  DWI 10 year rule-another fine interpretation of the "plain language of the statute" (in Criminal) by Ben Smith
Scenario: 1984 DWI conviction with 3 day jail sentence, 2003 DWI conviction, and new DWI committed ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Charging language on DWI w/ child (in Criminal) by Ben Smith
Our indictment language has been reading with the standard DWI language then ending with, ". . . and......
TDCAA > TDCAA Community > Criminal

Discussion Topic  using fine only dwi's for enhancement (in Criminal) by Ben Smith
Can a misdemeanor DWI conviction from 1999, which was punished only with a $500 fine (no jail time i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Competency trial issues (in Criminal) by Ben Smith
Perhaps another way to ask the same question: Does 46B.054 allow defense counsel to agree to incomp......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Competency trial issues (in Criminal) by Ben Smith
I have a strange situation in an contested MTR. Defense counsel raised competency and defendant the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Tim Tipton / expert on self defense (in Expert Witnesses) by Ben Smith
I have a murder trial with self defense issues next month where the defense will attempt to call Tim......
TDCAA > TDCAA Community > Expert Witnesses

Discussion Topic  Who to serve at TDFPS? (in Juvenile Law) by Ben Smith
I have a juvenile that I am about to file a petition on. Mother's parental rights have been termina......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: exploiting elderly PC 32.53 (in Criminal) by Ben Smith
Thanks, Martin. I had the same concerns with the exploitation statute. However, I am still trouble......
TDCAA > TDCAA Community > Criminal

Discussion Topic  exploiting elderly PC 32.53 (in Criminal) by Ben Smith
I have a case where the middle-aged son of an elderly woman, who suffers from dementia, wrote or had......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New Grand Jury Selection Method. (in Criminal) by Ben Smith
I'm on my 3rd grand jury being called by the same method as a trial jury and have had good results s......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: stalking v. harassment (in Criminal) by Ben Smith
thanks for the input, guys. That gives me something to think about. I actually hadn't considered 4......
TDCAA > TDCAA Community > Criminal

Discussion Topic  stalking v. harassment (in Criminal) by Ben Smith
What's the effective difference between 42.07(a)(7) telephone harassment (to wit: making repeated te......
TDCAA > TDCAA Community > Criminal

Discussion Topic  grand jury subpoena/attachment form needed (in Criminal) by Ben Smith
I have a potential defendant subpoenaed to testify to grand jury on monday. I suspect he may not sh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Sealing of Records explanation by judge at disposition hearing (in Juvenile Law) by Ben Smith
I was taking a look at the written explanation of records sealing under Sec. 58.003 that our judge g......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Grand Jury Subpoenas (in Criminal) by Ben Smith
Anyone have a form they use for the "application to the district court" for a 20.11 grand jury subpo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  enhancing Misd. theft to SJF with theft priors (in Criminal) by Ben Smith
Does a theft prior in which the defendant received a regular (non-deferred) probation, and successfu......
TDCAA > TDCAA Community > Criminal

Discussion Topic  incompetency determined. What next? (in Criminal) by Ben Smith
Our court just entered an order determining a defendant incompetent/ violent offense/ initial 120 co......
TDCAA > TDCAA Community > Criminal


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