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Discussion Topic  RE: Appeal Help -- Restitution Not Included in Oral Sentence (in Appellate) by Martin Peterson
It would be hard to change the ruling in Taylor, 131 S.W.3d 497. And, I agree the courts have held t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
While it will not generate any opinion this term, one more case has appeared on the radar for possib......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
It appears the CCA might declare the statute unconstitutional on its face. The court, as reconstitut......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Conceivably the next case to come before the SCOTUS will be the decision of the North Dakota Supreme......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
For whatever it may mean, the dissenting opinion in Schaufele was not enough to gain review of the c......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The issue of implied consent is not involved in Schaufele, nor has it yet been raised by petitions f......
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: Crawford and Protective Orders (in Criminal) by Martin Peterson
Testimony at a suppression hearing is inadmissible later for an entirely different reason (having no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Commentary on Kirk (in Appellate) by Martin Peterson
......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Commentary on Kirk (in Appellate) by Martin Peterson
Re: this week's CCA decision on the meaning of TRAP 21.8, the commentator says, "what happens if the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Core Work Product & case declined (in Criminal) by Martin Peterson
Another common ground for quashing a subpoena duces tecum is stated in Luvano v. State, 183 S.W.3d 9......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Core Work Product & case declined (in Criminal) by Martin Peterson
Under what provision was the application for subpoena requested/issued? If there was no pending crim......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Judge's Improper Comments During Voir Dire (in Appellate) by Martin Peterson
So, the trial judge required the prospective jurors to agree to consider a lesser form of punishment......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Public Intoxication (in Criminal) by Martin Peterson
Many PI cases have been prosecuted on the theory that an intoxicated person merely threatening to op......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Immunity for witness (in Criminal) by Martin Peterson
First post more than four years after registering, what have you been waiting for? ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Prospective Juror Misconduct (in Criminal) by Martin Peterson
You cannot prove a false voir dire response was made by what a juror says during deliberations. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: res judicata? (in Appellate) by Martin Peterson
Whether it falls under the head of res judicata, collateral estoppel, or law of the case, I would ju......
TDCAA > TDCAA Community > Appellate

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


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