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Discussion Topic  RE: Alternate methods to prove up a prior judgment? (in Criminal) by Martin Peterson
10 failed attempts to get a rolled print at one time and place, surely that has to be record, and so......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
So, I guess the CCA is content to let that part of these cases be decided at the intermediate court ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Clay, Villarreal does not address the proper interpretation of article 38.23(a). Thus, I must disagr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
"even if we were to accept the viability of a Fourth Amendment balancing test here as a substitute f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The decision in Perez will disappear. The First Court has joined its sisters. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The decision in ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Another state supreme court has found implied consent to be involuntary, and thus the Idaho statute ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Nevada often follows decisions first made in California, but not this time. Another implied consent ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The varied applications of McNeely have truly been something to behold: herky-jerky, about-face, and......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The next case to watch is ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The Supreme Court of South Dakota has declared its implied consent statute unconstitutional because ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: enhancing misd. theft to SJF (in Criminal) by Martin Peterson
The problem seems to be that, given the uncertainty of the law, no defendant will agree to voluntari......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deferred for habitual offender (in Criminal) by Martin Peterson
Judges in Dallas not infrequently choose to defer adjudication of guilt even though the defendant is......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation eligibility (in Criminal) by Martin Peterson
Yazdchi v. State, 428 S.W.3d 831, 841 (Tex.Crim.App. 2014) is also helpful: "the provision that requ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 2013-2015 Charging Manual (in Criminal) by Martin Peterson
I recently wrote this in a case where the appellant alleged that there was a failure of proof becaus......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Ford vs. Samaripas (in Criminal) by Martin Peterson
The correct result was reached in ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Measuring Penalty Phase Prejudice (in Criminal) by Martin Peterson
It appears the means of determining whether someone gets a second shot in arguing for a more lenient......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Standing Discovery Order in DWI's (in Criminal) by Martin Peterson
So-called standard or standing orders for "discovery" were improper under the former version of art.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fees relating to Grand Jury Subpoenas (in Criminal) by Martin Peterson
No taking is involved, so this a public duty cost properly imposed on the bank. But, guess who actua......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Watch for a decision in the Henry case. ......
TDCAA > TDCAA Community > Criminal


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