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I have a Houston defense attorney claiming that my 9/6/15 blood warrant is invalid because the judge didn't print her name beneath her signature pursuant to the newly added (5) of 18.04. Anyone fought this fight yet? It's worth noting that these warrants are signed almost exclusively by 1 of our 2 district court judges. During conversations with this defense attorney, another local defense attorney pointed at the signature and identified it immediately. | ||
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I don't know if there is any case law on point but the statute say it shall be sufficient if: It doesn't say that it is per se insufficient if it doesn't meet that requirement. | |||
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See 886 SW2d 859 18.04 requires date and signature Date was inaccurate Upheld because it was "inadvertence" See also 745 SW2d 483, and 503 SW2d 254 | |||
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No, she is not entitled to it. Agreed with the above answers. | |||
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We recently added all the judges names to the bottom of our warrant signature pages with boxes beside each that can be checked by the appropriate judge when signing..... Since most of our DWI warrants are forwarded electronically, this seemed to be the easiest and most efficient route. | |||
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