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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

Discussion Topic  RE: TS discovery question (in Criminal) by Martin Peterson
I am going to say there are arguments available to oppose the "weight of authority" Jon referred to.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 39.14 Waivers, anyone? (in Criminal) by Martin Peterson
I am unclear on what is being waived. If there has been no request made under 39.14, then there is n......
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: new trial on punishment to delete attorney's fees (in Appellate) by Martin Peterson
IMO: Rule 21 does not provide a remedy for this type of error. There is no 75 day deadline involved,......
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: 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: Another way to obtain cell records? Thoughts? (in Criminal) by Martin Peterson
Has anyone made use of art. 18.21, sec. 4(b)(5) and sec. 5(a) yet? If you have a sample court order ......
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: Response to Summary Judgment (in Civil) by Martin Peterson
I am having a hard time envisioning how one proves that something was not contraband as a matter of ......
TDCAA > TDCAA Community > Civil


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