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Discussion Topic  RE: Unusual Defenses (in Criminal) by david curl
I had an appeal a couple of years ago with this claim. The defense was that the guy drove for about......
TDCAA > TDCAA Community > Criminal

Discussion Topic  criminal law examples of statutes that need local adoption? (in Criminal) by david curl
I’m dealing with a statute that was arguably incorporated into the Penal Code -- but only in t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: motion for reconsideration en banc (in Appellate) by david curl
I guess they're each entitled to their interpretation -- since they are each the final authority. B......
TDCAA > TDCAA Community > Appellate

Discussion Topic  motion for reconsideration en banc (in Appellate) by david curl
Interesting case out of the Tex. Sup. Ct. today holding that a motion for reconsideration en banc is......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Intox Aslt / Agg Aslt (in Criminal) by david curl
I think you can just have the trial court delete one of the convictions to solve a double jeopardy p......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consular notification and Vienna Convention (in Criminal) by david curl
Isn't it his obligation to show that there is a bi-lateral treaty with Mexico. (There is one, but I......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consular notification and Vienna Convention (in Criminal) by david curl
Is this it? ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Sever? (in Juvenile Law) by david curl
You might look at In re D.L., 160 S.W.3d 155,162 (Tex.App.-Tyler 2005) (court looks to TEX. R. CIV. ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Admission of 911 tape (in Criminal) by david curl
If the tape is admitted only to show probable cause for the stop, you shouldn't have either a confro......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Promiscuity Defense (in Criminal) by david curl
since you don't need to prove a criminal offense, why should it matter whether he had a "defense" ? ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Apellant refuses to file brief, Case is stuck (in Appellate) by david curl
They told me in Kersh that dismissal was not an allowed option but they did acknowledge that there i......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Apellant refuses to file brief, Case is stuck (in Appellate) by david curl
I don't think there's anything you can do if the coa wants to keep messing around with the case. I ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Law prof gets conviction reversed (her's that is) (in Appellate) by david curl
Anybody notice the Dallas Court's holding that (1) aggravated assault by threat with d/w and (2) agg......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Juvenile Turned 18 w/o Petition (in Juvenile Law) by david curl
Can't use 51.0412 because a petition wasn't filed. Can't use 54.02(j) because juvenile was only 14 ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: A Dumb Andrea Yates Question (in Criminal) by david curl
I don't think "new evidence" has any significance. The first jury answered the FD special issue "no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Crawford and 911 calls (in Criminal) by david curl
New Supreme Court opinion on Crawford today ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: TRAP 73 (in Appellate) by david curl
Westlaw shows 4 subparts and the cca recently cited the four subparts. Ex parte Blacklock, --- S.W.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: was indecency w/a child by exposure ever a misd.? (in Criminal) by david curl
not in the 90's -- it was always a felony 3. Here is the 1991 statute: Indecency with a Child (......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: third degree enhanced by state jail prior (in Criminal) by david curl
They certainly have a point: "In contrast, by reading �felonies� to exclude state ja......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: third degree enhanced by state jail prior (in Criminal) by david curl
TEX. PENAL CODE sec. 12.42(a)(3) talks about a prior "felony." 12.42(e) says that a prior "state ja......
TDCAA > TDCAA Community > Criminal


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