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Discussion Topic  RE: PC hearing -- what's at issue? (in Criminal) by Martin Peterson
I am going to assume the issue may arise in connection with Arts. 17.028(a) and 17.15(a)(3); and per......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: PC hearing -- what's at issue? (in Criminal) by Martin Peterson
While I cannot answer your question directly, I must say there is nothing said in Art. 15.17 about a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dereliction of Duty (in Criminal) by Martin Peterson
The trial judge found that there was no evidence presented showing Johnson obstructed or hindered a ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dereliction of Duty (in Criminal) by Martin Peterson
The theory for holding Johnson to have engaged in felonious conduct is this: "despite having knowled......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Challenging Indigency (in Criminal) by Martin Peterson
It is clear that a trial court does not have a duty to appoint counsel until the defendant shows he ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Community Property a defense to Criminal Mischief? (in Criminal) by Martin Peterson
Since no one else has ventured a reply, I will offer this: The issue you raise probably derives fro......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
588 days after submission, the CCA has now determined Curipoma as expected. Perhaps the delay result......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
To update from Sept., 2018: The number of pending cases, not yet decided, involving convictions has ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  What Was Decided in McCumber? (in Appellate) by Martin Peterson
When an appellate court decides a case without issuing a majority opinion providing a single rationa......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Caseloads Rebounding (in Appellate) by Martin Peterson
There is every sign that the total number of appeals are returning to levels not seen in several yea......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Binding Precedent on Transfer? (in Appellate) by Martin Peterson
The decision in the Sanchez Tristen case (No. 05-24-00217-CR) has some interesting holdings, essenti......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Mandamus (in Appellate) by Martin Peterson
The issue arises in other respects as well. The Thirteenth Court cited the decision in Johnson, 280 ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Mandamus (in Appellate) by Martin Peterson
If you are faced with the unpleasant task of accusing a judge of an abusive ruling and must also pon......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Citation of SCOTUS Opinions (in Appellate) by Martin Peterson
Almost no private law libraries have included bound copies of the U.S. Reports (ever). That was why ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Intent to possess CS under PG 1; Lab reveals PG1B (in Criminal) by Martin Peterson
Here is a case that might add to the quandary: Blackman v. State, 350 S.W.3d 588, 594 (Tex. Crim. A......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Dying Precedents (in Appellate) by Martin Peterson
In Rogers v. State, 677 S.W.3d 705, a slim majority of the CCA has belatedly ordered several publish......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Continuous Violence Against the Family & Statute of Limitations (in Criminal) by Martin Peterson
Not sure this will work but may be worth the try. Although not a perfect analogy, the look-back per......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
The Barrett claim was not revived and the PDR in Gunter was refused. So, it provides the best guidan......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
It seems the holding in Gunter is not inconsistent with Brown because multiple stabs with the same w......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Inmate release in error (in Criminal) by Martin Peterson
It would appear to me that you should request the convicting court to issue a capias. See Holloway, ......
TDCAA > TDCAA Community > Criminal


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