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Discussion Topic  RE: Charging advice (in Criminal) by Martin Peterson
Maybe 38.15(a)(6)? But, subsection (d) must be taken into account. May also be impairing the verity......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 17.151 State's continuance (in Criminal) by Martin Peterson
"[A]ll a prosecutor has to do to prevent release of an accused who has been unable to make bail is t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  "Appropriate action" for ethics violation (in Criminal) by Martin Peterson
The breadth of the ruling in Westview Drive Investments, LLC v. Landmark American Ins. Co., No. 14-1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Grand Jury (in Criminal) by Martin Peterson
Except for those cases where an offense occurred within the view of an officer, using a police offic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statements in affidavits (in Criminal) by Martin Peterson
Don't know if the judge compelled the bondsman-lawyer to testify or not, but if this arises again ma......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Speedy Trial (in Criminal) by Martin Peterson
Good place to start may be Cantu v. State, 253 SW 3d 273. Not sure about the significance of lack of......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Enhancement (in Criminal) by Martin Peterson
A judicial declaration of a prior conviction sufficiently proves the existence of the prior convicti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Forgotten Part of the Speedy Trial Act (in Criminal) by Martin Peterson
Normally, in order to get the benefit of the right to a speedy trial the defendant must object to th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Reconsider Sentence on MTR?? (in Criminal) by Martin Peterson
Motions to reconsider are often filed where a motion for new trial is not available. The court prob......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Felon in Possession of Firearm? (in Criminal) by Martin Peterson
I am unaware of any specific interpretation of "convicted" as used in 46.04 vis-à-vis an adjudicatio......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI enhancements (in Criminal) by Martin Peterson
Phillips says: "The statute specifically allows a previous conviction for an offense relating to dri......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Pre-sentence Time Credit (in Criminal) by Martin Peterson
Molina finally makes crystal clear how time credit issues are to be resolved. There are always three......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: R.I.P. Transportation Code 724.012(b) (in Criminal) by Martin Peterson
Key to the final outcome: Judge Meyers does a complete flip-flop and Judge Newell writes an even mor......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Just the Facts (in Criminal) by Martin Peterson
This clarification from Barnaby is an improvement: "the materiality of [bad information in prosecuti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Just the Facts (in Criminal) by Martin Peterson
Almost all criminal cases are resolved by guilty pleas. There is no expectation of finality in these......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Commentary on Kirk (in Appellate) by Martin Peterson
I have now felt the need to clarify my comments about the decision in ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Heat of passion expert (in Criminal) by Martin Peterson
So, there is someone who claims that by knowledge, skill, experience, training, or education that he......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search Warrants (in Criminal) by Martin Peterson
Photographing of a scar seems very similar to rolling a fingerprint to me, so I am not sure any righ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: C.C.A. handdown list for this week (in Appellate) by Martin Peterson
Same thing occurred in 2009. Maybe the flooding in the area?...
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: 5th Amendment (in Criminal) by Martin Peterson
Without doubt, "through the exercise of his option to terminate questioning[, the suspect] can contr......
TDCAA > TDCAA Community > Criminal


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