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Discussion Topic  RE: Question on Passenger Standing if the driver has warrants (in Criminal) by Martin Peterson
Be sure to clarify whether the challenge is to the temporary detention (traffic stop), or a search a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appeal Help -- Restitution Not Included in Oral Sentence (in Appellate) by Martin Peterson
It would be hard to change the ruling in Taylor, 131 S.W.3d 497. And, I agree the courts have held t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Testimonial Immunity (in Criminal) by Martin Peterson
Graham v State, 994 S.W.2d 651, 655-56 (Tex.Crim.App. 1999): "Though a procedure for the granting o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
While it will not generate any opinion this term, one more case has appeared on the radar for possib......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
It appears the CCA might declare the statute unconstitutional on its face. The court, as reconstitut......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Conceivably the next case to come before the SCOTUS will be the decision of the North Dakota Supreme......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
For whatever it may mean, the dissenting opinion in Schaufele was not enough to gain review of the c......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The issue of implied consent is not involved in Schaufele, nor has it yet been raised by petitions f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
So, I guess the CCA is content to let that part of these cases be decided at the intermediate court ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Clay, Villarreal does not address the proper interpretation of article 38.23(a). Thus, I must disagr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
"even if we were to accept the viability of a Fourth Amendment balancing test here as a substitute f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The decision in Perez will disappear. The First Court has joined its sisters. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Commentary on Kirk (in Appellate) by Martin Peterson
Re: this week's CCA decision on the meaning of TRAP 21.8, the commentator says, "what happens if the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Judge's Improper Comments During Voir Dire (in Appellate) by Martin Peterson
So, the trial judge required the prospective jurors to agree to consider a lesser form of punishment......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Ethics opinion 646 (in Criminal) by Martin Peterson
I suppose each office will have to adopt its own understanding of the MMA. I believe, however, that ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Public Intoxication (in Criminal) by Martin Peterson
Many PI cases have been prosecuted on the theory that an intoxicated person merely threatening to op......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Immunity for witness (in Criminal) by Martin Peterson
First post more than four years after registering, what have you been waiting for? ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Prospective Juror Misconduct (in Criminal) by Martin Peterson
You cannot prove a false voir dire response was made by what a juror says during deliberations. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Alternate methods to prove up a prior judgment? (in Criminal) by Martin Peterson
10 failed attempts to get a rolled print at one time and place, surely that has to be record, and so......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can either person sell car without the other title holder's permission? (in Criminal) by Martin Peterson
Maybe the answer is found in this statutory language from the Transportation Code: ......
TDCAA > TDCAA Community > Criminal


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