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Poll  Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
The immediate talk was of a prolonged vacancy and 4-4 opinions. But, arguably we just end up with 5-......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Pre-sentence Time Credit (in Criminal) by Martin Peterson
Molina finally makes crystal clear how time credit issues are to be resolved. There are always three......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The Supreme Court of Minnesota observed that its statutory exclusionary rule, Minn. Stat. § 626.21, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
My comments of February 14 must now be supplemented. The question arises whether Texas should seek r......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Another reason the CCA should rule in Cole (PD-0077-15) that blood-draw evidence obtained before Apr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
One of the biggest problems with McNeely is that it encourages litigation over the existence of exig......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
It now appears almost any use of an implied consent warning will lead to exclusion of blood evidence......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The Texas legislature was serious in undertaking to provide for circumstances under which it believe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Assuming the Governor does not disapprove, HB 326 will be important going forward as we move to the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
For what it is worth, the solution to the problem chosen in New Jersey is as follows: "the exigency ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Another Texas case has now become eligible for petition for writ of certiorari. The CCA refused the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Eccentric McNeely Fallout (in Appellate) by Martin Peterson
'Twas strange enough that so many states were willing to declare their implied consent statutes unco......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Belated Habeas Relief (in Appellate) by Martin Peterson
Pursuant to a plea bargain, Tracy Gibson pleaded guilty to same transaction aggravated robbery, poss......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Defusing Interaction between Citizens and the Police (in Criminal) by Martin Peterson
Everyone should be reading Justice Yeary's concurring opinion in Faust/Marroquin. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Wachtendorf (in Appellate) by Martin Peterson
The CCA suggests that, essentially as a matter of course, in order to protect its prospective right ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Justification for Threat (in Criminal) by Martin Peterson
Apparently imminent harm does come about when your opponent produces his handgun and points it at yo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Just the Facts (in Criminal) by Martin Peterson
Almost all criminal cases are resolved by guilty pleas. There is no expectation of finality in these......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla Issue on a Pro se Misdemeanor Defendant (in Appellate) by Martin Peterson
I am going to guess that your case involves advice provided subsequent to the decision in Padilla. I......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Grand Jury No Bill (in Criminal) by Martin Peterson
Of course, you are pretty much in control of whether the charge gets presented to a second grand jur......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
An addendum to this discussion would need to include ......
TDCAA > TDCAA Community > Appellate


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