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Discussion Topic  RE: Name the crime(s) (in Criminal) by pkdyer
Back to the issue of intent - burglary of habitation intent to commit the offense must exist at the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Who has jurisdiction? (in Appellate) by pkdyer
In Beeler v. State, 122 SW3d 814(Amarillo 2003) D filed notice of appeal and motion for new trial on......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Jurisdiction? (in Appellate) by pkdyer
Open plea of guilty - waived appeal prior to sentencing (7/11/03). Cert of app 7/11/03 says def has......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Directed Verdict? (in Criminal) by pkdyer
Look at Ingram v. State, 124 S.W.3d 672 to see if that assists you. We have two cases charging def ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Factual Sufficiency and lesser included conviction (in Criminal) by pkdyer
Can a defendant waive a factual sufficiency argument when they are indicted for murder but found gui......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: new statutes (in Appellate) by pkdyer
Don't know that I can help, but I think I know the intent of the statute. I observed oral argument ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Jail house recorded telephone calls (in Criminal) by pkdyer
A question about intercepted jail mail. We have an admission in a letter to "wife" that was interce......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: LP obscured (in Criminal) by pkdyer
My reading of Granado is that the officer originally stopped the vehicle for lack of front license p......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: LP obscured (in Criminal) by pkdyer
I thought that was the way it read also but other attorneys in the office felt otherwise. The quest......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: LP obscured (in Criminal) by pkdyer
Just a heads up regarding that statute - see US v. Granado, No.01-51007, 5th Cir Spe 12, 2002. No p......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: confession -- in custody or not? (in Criminal) by pkdyer
Another scenario of police "non custodial" oral statement. After attending the seminar on confessio......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Mistrial (in Criminal) by pkdyer
I argued waiver of Brady violation because of plea through US v. Ruiz, 536 US 622; Matthew v. Johnso......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Family violence finding (in Criminal) by pkdyer
Case on appeal is challenging the family violence finding. The information stated family member or ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Directed Verdicts and Instructed Verdicts (in Criminal) by pkdyer
I appealed a sentence when the judge refused to make a finding on the two priors, both were third de......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are meth cook ingredients adulterants and dilutants? (in Criminal) by pkdyer
We have briefed this issue in Wright v. Texas, No. 11-02-00006-CR and Ingram v. Texas, 124 SW3d 672......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Interesting legal issue - confessions (in Criminal) by pkdyer
Had similar situation in Cross v. State, 114 SW3d 92. Cross told police officer he didn't want to t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Is our juvenile detention statute unconstitutional? (in Juvenile Law) by pkdyer
We have a defense attorney alleging that our detention hearing findings, especially with regard to t......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Agg. Asslt. w/deadly weapon: tailgating with a semi. (in Criminal) by pkdyer
Where will the line be drawn for aggravated assault. Will all reckless driving become aggravated as......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Licensed Handgun Carriers (in Criminal) by pkdyer
Thanks for the help. The government code was just what we needed. Apparently this guy is a real ze......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Licensed Handgun Carriers (in Criminal) by pkdyer
Since parking lots are excluded under 46.035 can an employer, such as Wal-Mart, tell a licensed hand......
TDCAA > TDCAA Community > Criminal


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