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Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
I would have to say that any hope for a quick, definitive answer from a Texas appellate court has be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Another Texas court chimes in: "McNeely clarified exigency; it did not invalidate Texas' implied con......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Recognizing McNeely for what it is and what it isn't is the key. Another appellate court weighs in:......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
If the officer was relying on a state law presumed to be valid (under state law), the evidence was n......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Whatever else you are including in your response to motions based on McNeely, I think you might want......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
This language is dicta, but it gives the first hint of what might constitute exigent circumstances a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Looks like the decision in Nolley, PD-0999-13, in which the PDR was granted on October 23, will effe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Without mentioning the decision by the Mississippi Supreme Court, the Alabama Supreme Court has also......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
The Supreme Court of Missouri has taken the least flexible approach of any. Its holding is: "if the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
SB 2 passed both houses today by the margin required to go into immediate effect. My reading indicat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
One state supreme court has now expressly accepted the challenge and will determine whether a resent......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Although the House of Representatives passed SB 23, with amendments, the Senate failed to address th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Fred: Here is the language that was added to our model response: As of March 20, 2013, it is now cl......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
The decision that the evidence substantiates one's guilt and the order for community supervision bec......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Criminal (in Criminal) by Martin Peterson
Short answer: If no tolling involved, such offenses occurring on or before Sept. 1, 1982 became barr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Plain English (in Criminal) by Martin Peterson
Yes, this should be done without day, er, excuse me, without delay. I still begin my prayers with wh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Glover v. State - "Funny because it's true" comment (in Criminal) by Martin Peterson
Ah, the last word in the title of the post had another meaning. I misunderstood Brody's comment....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Glover v. State - "Funny because it's true" comment (in Criminal) by Martin Peterson
While the opinion in Glover (No. 07-11-00392-CR) is a very fine one, it does not contain the mention......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Def statement contained a reference to his prior pen time (in Appellate) by Martin Peterson
If the statement was inadmissible, then hard to understand why the court gave only a limiting instru......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: New Discovery Rules (in Criminal) by Martin Peterson
My reply to Brian's inquiry assumed that we were talking about things that the State was not going t......
TDCAA > TDCAA Community > Criminal


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