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Subpeona for records Defense already has... (in Criminal) by Martin Peterson Any exculpatory evidence an officer has must be produced without regard to any subpoena, and it seem...... TDCAA > TDCAA Community > Criminal
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Busy Attorneys Must Prioritize (in Appellate) by Martin PetersonThe time limits have finally caught up with a State's attorney as well. Not sure every court will be...... TDCAA > TDCAA Community > Appellate
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Admitting portion of the record in same case (in Other) by Martin PetersonIt could easily be argued that this statement was not hearsay under 801(e)(2)(A) or falls within 803...... TDCAA > TDCAA Community > Other
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expert on self defense (in Criminal) by Martin PetersonOrdinarily, the defendant is the only source of evidence of his or her state of mind at the time the...... TDCAA > TDCAA Community > Criminal
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CCA Catching Up (in Appellate) by Martin PetersonAs of today there were only 50 pending cases in which discretionary review had been granted. That co...... TDCAA > TDCAA Community > Appellate
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Appeal of Probable Cause writ (in Appellate) by Martin PetersonWell, I see that the appellate court held that the accused was entitled to discharge ...... TDCAA > TDCAA Community > Appellate
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Appeal of Probable Cause writ (in Appellate) by Martin PetersonIt appears the appellate courts have accepted jurisdiction over such appeals. E.g., Pilkington, 494 ...... TDCAA > TDCAA Community > Appellate
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CCP 14.01 (in Criminal) by Martin PetersonThe Court of Appeals cited 14.01 as supporting the legality of an arrest made by an officer who had ...... TDCAA > TDCAA Community > Criminal
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Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin PetersonHard to tell why the specific intent was included, except perhaps to meet the objection that the bil...... TDCAA > TDCAA Community > Criminal
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Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin PetersonThe statute has some flaws. First, how could one use force to take over possession of the “protectiv...... TDCAA > TDCAA Community > Criminal
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Jury Instruction on CCP 13.04 (Boundary of Counties) (in Criminal) by Martin PetersonI rather doubt the defense will be arguing the offense occurred, but only in the adjoining county. P...... TDCAA > TDCAA Community > Criminal
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Exigent Circumstances Blood Draw (in Criminal) by Martin PetersonYou may also want to consider that the CCA refused to accept review of the decision in State v. Sand...... TDCAA > TDCAA Community > Criminal Repeat Offender vs. Arbuckle (in Criminal) by Martin PetersonBack in 2005, I drafted a possible amendment to sec. 12.42 of the Penal Code that would treat probat...... TDCAA > TDCAA Community > Criminal All Things Discovery (in Criminal) by Martin PetersonRead the brief. ...... TDCAA > TDCAA Community > Criminal
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Citing Unpublished Cases (in Criminal) by Martin PetersonSo, in effect, the jurisprudence of the State is actually growing faster than ever (as the distincti...... TDCAA > TDCAA Community > Criminal
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Citing Unpublished Cases (in Criminal) by Martin PetersonIn a rarely used footnote, the Dallas court specifically explained why it only seemed to rely on unp...... TDCAA > TDCAA Community > Criminal
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Are DA employees being squeezed out of the middle class? (in Criminal) by Martin PetersonYes, as is everyone else in the middle class. Principally this results from the devaluation of the d...... TDCAA > TDCAA Community > Criminal
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Failure to Remit Tax TAX 152.104 (in Criminal) by Martin PetersonI have always been a fan of quoting the language of the statute involved in alleging most any violat...... TDCAA > TDCAA Community > Criminal
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void or voidable (in Criminal) by Martin PetersonSee Levy, 818 S.W.2d 801 (no plea bargain). But, the court later held that a void probation order is...... TDCAA > TDCAA Community > Criminal
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Resolution of Misdemeanors (in Criminal) by Martin PetersonNo mechanical application of pre-set amounts for bail and more leniency in use of personal bonds and...... TDCAA > TDCAA Community > Criminal | » Refine Search » New Search |
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