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Discussion Topic  RE: Theft enhancement based on prior convictions (in Criminal) by Martin Peterson
I think you are safe in your interpretation of "any grade of theft." However, I point out, as I did ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Withdrawn guilty plea at sentencing (in Criminal) by Martin Peterson
Fred, I think an objection under TRE 410(b)(3)(4) would likely be sustained. The CCA has noted that ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Mandamus (in Appellate) by Martin Peterson
The lack of uniformity as to filing fee continues. There is another aspect to the characterization w......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
Mayer (309 S.W.3d 352) has now been modified by the Legislature in SB 527, adopting the principle th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
The SCOTUS has stated, as valid, an assumption "that a legislature could validly provide for repleni......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
No PDR was filed in Martinez, 507 S.W.3d 914. The PDR filed in the Perez case (10-16-00029-CR), whic......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Resolution of Misdemeanors (in Criminal) by Martin Peterson
I believe that persons being held on misdemeanor charges are quite often willing to enter guilty ple......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Charging Endganering a Child when Child Born Postiive for Meth (in Criminal) by Martin Peterson
Sorry, this is not helpful to your position, but maybe helpful in evaluating your position: "The St......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 17.151 State's continuance (in Criminal) by Martin Peterson
"[A]ll a prosecutor has to do to prevent release of an accused who has been unable to make bail is t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  "Appropriate action" for ethics violation (in Criminal) by Martin Peterson
The breadth of the ruling in Westview Drive Investments, LLC v. Landmark American Ins. Co., No. 14-1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-indictment discovery (in Criminal) by Martin Peterson
The discovery request is arguably supported by this language in Judge Alcala's concurring statement ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statements in affidavits (in Criminal) by Martin Peterson
Don't know if the judge compelled the bondsman-lawyer to testify or not, but if this arises again ma......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: exploiting elderly PC 32.53 (in Criminal) by Martin Peterson
I would imagine conduct like this has also been prosecuted under 32.45(a)(1)(C), (b) and 32.46(a)(1)......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Revoke Probation Stipulation Subsequent Prosecution (in Criminal) by Martin Peterson
You would not be trying to prove he was on probation for the other offense or his character, only hi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Revoke Probation Stipulation Subsequent Prosecution (in Criminal) by Martin Peterson
Check for cases involving "judicial admissions." See also art. 38.22, sec. 5. I am not understanding......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Long Opinions (in Appellate) by Martin Peterson
We most often associate really long opinions with SCOTUS. But, they occasionally appear in the publi......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Evidence of plea bargain at guilt/ innocence (in Criminal) by Martin Peterson
"Plea discussions" is an interesting term. Very often a prosecutor unilaterally commences, or at lea......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Abuse of Writ (in Appellate) by Martin Peterson
Perhaps like some of you, I have from time to time pondered who held the record for filing the most ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Forgotten Part of the Speedy Trial Act (in Criminal) by Martin Peterson
Normally, in order to get the benefit of the right to a speedy trial the defendant must object to th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
Try to bend a rule too far and you will break it. Everyone knows that the 30-day deadline for timely......
TDCAA > TDCAA Community > Appellate


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