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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

Discussion Topic  RE: Efiling differences in courts of appeals (in Appellate) by Martin Peterson
Efiling has brought us one wonderful reward from the CCA. Starting June 30, copies of PDRs that are ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Enhancements (in Criminal) by Martin Peterson
But, watch for the CCA opinion in Samaripas, PD-0135-13, as it may shed more light on the difference......
TDCAA > TDCAA Community > Criminal


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