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Discussion Topic  RE: Saving a Recorded Confession (in Criminal) by D.Merritt
You say he got Miranda warnings but did that also include the right-to-terminate warning?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Saving a Recorded Confession (in Criminal) by D.Merritt
Perhaps you could use 38.22 sec 3(e)(2)'s "fully effective equivalent" provision. In Bible a parti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: WL Drafting Assistant (in Appellate) by D.Merritt
I used the link adding feature for a brief filed last week. The main issues I had with it were (1) ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Passenger (in Criminal) by D.Merritt
You can probably make an argument based on the smell. Garcia v. State, 2013 WL 3326027, at *2 (Tex.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using Prior Testimony of Defendant if he doesn't testify? (in Criminal) by D.Merritt
If he does testify at trial, you should be able to use his suppression testimony for impeachment -- ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Emergency Room Public Place? (in Criminal) by D.Merritt
Control over access does not prevent a place from being a "public place". State v. Gerstenkorn, 23......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: E-Filing Provider Recommendations (in Appellate) by D.Merritt
So are they setting up a rival to the commercial firms? ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  CCP 57.03 -- disclosure of victim where a pseudonym has been used (in Civil) by D.Merritt
Anyone have an idea how the prohibition on disclosing the identity of a victim who has chosen to use......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Drug Dog Question (in Criminal) by D.Merritt
Here's an interestingly link that suggests the handler is a weaker link than the dog. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using signatures as evidence of intoxication (in Criminal) by D.Merritt
Here's an out-of-state case that pretty much says what you want Observations of signs of intoxicati......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: US v. Jones v. Confidential Informants (in Criminal) by D.Merritt
A court should reject the complaint on the basis of consent for the entry. Cases you might look at ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: PDR on court's own motion (in Appellate) by D.Merritt
11-1682 HASSAN, ADBIHAKIM HARRIS FAILING TO STOP Is using two out of three peremptory strikes agains......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Good Faith applicable? (in Criminal) by D.Merritt
For the Fourth Amend issue you can look at Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Production of Defendant's Personal Written Statement (in Criminal) by D.Merritt
Rule 615(a) says that you can't use Rule 615 when the defendant is the witness....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Reasonable Suspicion Based on Personal Knowledge (in Criminal) by D.Merritt
Here are some cases that might be worth looking at: State v. Spillner, 173 P.3d 498, 509-10 (Hawai......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Inevitable discovery (in Criminal) by D.Merritt
I think the discovery of the warrant has to precede the search. State v. Maland, 140 Idaho 817, 1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: A hypothetical (in Criminal) by D.Merritt
That's probably prohibited by TEX. R. EVID. 410. See Bowie v. State, 135 S.W.3d 55, 65 (Tex. Crim. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: search of cell phone incident to arrest (in Criminal) by D.Merritt
The California Supreme Court ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: blood draw by a police phlebotomist (in Criminal) by D.Merritt
Similar issue is before the cca in State v. Johnston, 305 S.W.3d 746 (Tex.App.-Fort Worth 2009, pet.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-trials and Confrontation Clause objections (in Criminal) by D.Merritt
Ford v. State, 305 S.W.3d 530 (Tex.Crim.App. 2009) at least implies that confrontation doesn't apply......
TDCAA > TDCAA Community > Criminal


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