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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: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Another reason the CCA should rule in Cole (PD-0077-15) that blood-draw evidence obtained before Apr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
One of the biggest problems with McNeely is that it encourages litigation over the existence of exig......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
It now appears almost any use of an implied consent warning will lead to exclusion of blood evidence......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The Texas legislature was serious in undertaking to provide for circumstances under which it believe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Assuming the Governor does not disapprove, HB 326 will be important going forward as we move to the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: State Appeal of 11.072 Writ (in Appellate) by Martin Peterson
I am not understanding this use of 11.072. It provides: "the application must challenge the legal va......
TDCAA > TDCAA Community > Appellate

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: electronic certified judgments (in Criminal) by Martin Peterson
The argument goes like this: the document you are offering bears a seal purporting to be that of a d......
TDCAA > TDCAA Community > Criminal

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: Response to Anders Brief (in Juvenile Law) by Martin Peterson
Technically, there is never a requirement that the appellee file a brief. The case is actually going......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Padilla Issue on a Pro se Misdemeanor Defendant (in Appellate) by Martin Peterson
I am going to guess that your case involves advice provided subsequent to the decision in Padilla. I......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Grand Jury No Bill (in Criminal) by Martin Peterson
Of course, you are pretty much in control of whether the charge gets presented to a second grand jur......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Conflict of Interest - Grievance filed by Defendant (in Criminal) by Martin Peterson
It is unclear to me whether you are more concerned about when the case goes to trial or who will be ......
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: Michael Morton Act (in Appellate) by Martin Peterson
The MMA says nothing about sanctions or how violations should be dealt with. So the answer to your q......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Michael Morton Act (in Appellate) by Martin Peterson
If the court was not called upon to make any ruling concerning the admissibility of the evidence, th......
TDCAA > TDCAA Community > Appellate

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: Revocation When Defendant is Out of State (in Criminal) by Martin Peterson
This process will be a bit easier under ......
TDCAA > TDCAA Community > Criminal


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