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Discussion Topic  RE: 2 party checks (in Criminal) by Martin Peterson
Because the endorser is likely obligated to pay the check to the transferee under sec. 3.415(a) of t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
For whatever can be divined, the SCOTUS denied the pet. for cert. in Lynch (see above). Sadly, the f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Several courts of appeals have read significance into the fact that in mid-January, SCOTUS remanded ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Along the lines of ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Well, the motion for rehearing en banc has been granted in Douds and the opinion in Reeder has now b......
TDCAA > TDCAA Community > Criminal

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: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
The interest of the state in the validity and finality of the plea is no different under 42.12, sec.......
TDCAA > TDCAA Community > Appellate

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: Judge orders transcription (in Criminal) by Martin Peterson
Since a written transcript of the recorded oral statements is not part of the predicate listed in Ru......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Theft vs Missing property (in Criminal) by Martin Peterson
Either of these scenarios might involve a mistake of fact defense. Case 2 would be a harder sell, un......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Jury Charge (in Criminal) by Martin Peterson
That is certainly a correct statement of the law. E.g., Lee, 206 S.W.3d at 623. But, I would be hesi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Limitations period for stalking (in Criminal) by Martin Peterson
If a statute requires a continuing course of conduct, then the crime is not complete (chargeable) un......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attorney No-Shows (in Criminal) by Martin Peterson
We have all dealt with interesting grounds for continuances, but your problem does seem to go beyond......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consent survives (in Criminal) by Martin Peterson
I just do not see how anyone can read more into a GVR than is already apparent from the opinion gene......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Michael Morton Act and Confidential Informants (in Criminal) by Martin Peterson
I am going to suggest that if the court makes a finding that there is no reasonable probability that......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Turn OFF the Phone (in Criminal) by Martin Peterson
Effective Wednesday, Illinois law will provide: "(b) A person may not operate a motor vehicle on a r......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Bail Jumping Does Not Continue (in Criminal) by Martin Peterson
Ojiaku leaves a bad taste in my mouth. Art. 17.09 sec. 1 CCP requires reappearance "for any and all ......
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


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