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Discussion Topic  RE: Grand Jury members "state of mind" (in Criminal) by Martin Peterson
I once presented what I considered to be a winnable murder charge to another grand jury after only 8......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Phantom Right of Appeal (in Appellate) by Martin Peterson
One has to wonder why the State is given the right to "cross-appeal" from a trial court error if (to......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
California was also one of the first places to find a valid LWOP sentence after ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
If 15 years is the right number for homicides, I am guessing maybe half that is generally right for ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
While Miller had nothing to do with punishments in non-homicide cases, it was interpreted to change ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
The good: capital murder conviction affirmed. The bad: no reformation of sentence possible. The ugly......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
So, when is the best chance for rehabilitation, before you start serving a 15-year minimum in prison......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
While I agree with Shannon that all anyone can do is guess about what the courts of appeals will do ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
RK, until the governor commutes an LWOP sentence, the person in custody will have an easy claim that......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appellate Challenge--cartoon brief (in Appellate) by Martin Peterson
Thought 1: How much time would it take for me to prepare a cartoon brief, given my drawing skills? ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: How to Revoke Probation? (in Criminal) by Martin Peterson
Since the "contract" was formed between the court and the defendant, it is actually the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
OK, I admit the light was very dim and that the tunnel has twists and turns. Still, I am mildly surp......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
In Ex parte Haddad, the Dallas Court of Appeals says this: "prior to Padilla, admonishments about th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Now the CCA can feel comfortable in reversing El Paso and Houston-1 and at least know that Texas con......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
David, the "you" was not meant to refer to you. I did not mean to imply you were advocating a positi......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Well, as I see it, Strickland had relatively little to do with the voluntariness of guilty pleas. It......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Isn't Padilla at least as much a new rule as Crawford was? See Whorton v. Bockting, 549 U.S. 406 (20......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Correct Advice About GP Consequences (in Criminal) by Martin Peterson
Welcome to the world after Moussazadeh: "The constitutionally appropriate level of reasonableness i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  CCA Catching Up (in Appellate) by Martin Peterson
The CCA is accepting fewer cases for discretionary review. This has helped it become as current on i......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: PDR on court's own motion (in Appellate) by Martin Peterson
Presumably using one strike against a minority would not give rise to any presumption (even if it is......
TDCAA > TDCAA Community > Appellate


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