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Discussion Topic  Repeat Offender vs. Arbuckle (in Criminal) by Martin Peterson
Back in 2005, I drafted a possible amendment to sec. 12.42 of the Penal Code that would treat probat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  All Things Discovery (in Criminal) by Martin Peterson
Read the brief. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson
Yes, as is everyone else in the middle class. Principally this results from the devaluation of the d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appeal of Probable Cause writ (in Appellate) by Martin Peterson
It appears the appellate courts have accepted jurisdiction over such appeals. E.g., Pilkington, 494 ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Resolution of Misdemeanors (in Criminal) by Martin Peterson
No mechanical application of pre-set amounts for bail and more leniency in use of personal bonds and......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resolution of Misdemeanors (in Criminal) by Martin Peterson
O'Donnell has generated a great deal of interest, so it appears the Fifth Circuit will be providing ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Even after the decision in Lee, it remains possible to lose an immigration writ based on lack of pro......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
There are several things about the decision in Jae Lee that deserve discussion, but I choose these t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: It is past time for a change to these user forums (in Other) by Martin Peterson
I was one of the very first persons to sign up to participate in the forum. I thought it was likely ......
TDCAA > TDCAA Community > Other

Discussion Topic  RE: Sample 11.09 Writ Response (in Appellate) by Martin Peterson
Probably no specific form is available because it would depend on what is alleged as the basis for t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Citing Unpublished Cases (in Criminal) by Martin Peterson
Even the appellate courts routinely cite unpublished authority in connection with a ruling. In Posey......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Texas Rule of Criminal Evidence 1101 (circa 1989) (in Appellate) by Martin Peterson
Attached is a copy of the rule as originally adopted. I doubt any change was made before 1990, but y......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
It now seems plain that how the indictment is worded may not impinge on how the case is proved. Any ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
London's indigence proved not to be a determining factor. And the majority offered some stinging bar......
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: 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: 46.05 Prohibited Weapon (in Criminal) by Martin Peterson
While the statute was amended this session, no attempt to clarify or rectify this issue. Maybe the f......
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


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