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Discussion Topic  RE: offering extraneous offense at guilt stage questions (in Criminal) by david curl
Another theory for admission might be "preparation" or "plan." As Judge Cochran says: "if the defen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New Offense? (in Criminal) by david curl
Also, maybe no effective consent: (3) �Effective consent� includes consent by a person legally auth......
TDCAA > TDCAA Community > Criminal

Discussion Topic  New TRAPS (in Appellate) by david curl
The new appellate rules (effective 9/1/08) are available at ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Question from DWI Summit (in Criminal) by david curl
You might look at the DOT report. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Is a BB gun a deadly weapon (in Criminal) by david curl
Yes. 43 TXPRAC § 38.102 Adame v. State, 69 S.W.3d 581 (Tex.Crim.App. 2002). Shelton v. State,......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Amendment on Day of Trial (in Criminal) by david curl
I can't remember what we argued in Tyson but here is what the FWCoA said: An indictment may not be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attackin Murder Victim W/ Autopsy (in Criminal) by david curl
I recently briefed a claim that the presence of cocaine metabolites in a deceased victim's urine was......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Conjunctive disjunctive (in Criminal) by david curl
Green v. State, No. 05-02-01379-CR, 2003 WL 21962472 at *2 (Tex.App. - Dallas August 18, 2003, pet. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hearsay in Juvenile Detention Hearing (in Juvenile Law) by david curl
We know for sure that written reports are ok. TFC 54.01(c). The hearing is supposed to be "informa......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Hypothetical ethical question (in Appellate) by david curl
JAS, I guess that you meant 38.9(a&b) when you cited 39.9(a&b). I doubt you could ever use 38.8(b) ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Hypothetical ethical question (in Appellate) by david curl
I see a fair number of defense briefs that make two page arguments that are obviously meritless. Fo......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Consent to Assault (in Juvenile Law) by david curl
I guess that the main statute you are looking at is TPC 22.06. That wouldn't apply if (1) SBI was t......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Brief Filing Question (in Appellate) by david curl
When I've had this happen, the order for re-briefing normally says when the appellee's brief is due.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Novice question regarding a 13 year old (now adult) who violated PC 22.11 (in Juvenile Law) by david curl
Look at 54.02(j). I think you are out of luck. I think the guy needed to have been 15 at the time o......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: A Dog's Life (in Criminal) by david curl
It begins again. The FW Court now holds that the plain language of "in the act of . . . injuring" i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession Question (in Criminal) by david curl
On the issue of whether a second set of Miranda warnings was needed, you might look at Miller v. S......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Drug testing at intake in Detention (in Juvenile Law) by david curl
Here's a case that seems to be on point Hodgkins v. Goldsmith, No. IP99-1528-C-T/G, 2000 WL 892964 ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Drug testing at intake in Detention (in Juvenile Law) by david curl
I think the high school activity cases just say that you can condition eligibility for an activity o......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Drug testing at intake in Detention (in Juvenile Law) by david curl
I think just using jail safety as the sole justification for requiring routine drug tests might buy ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Drug testing at intake in Detention (in Juvenile Law) by david curl
I assume you mean: can a juvenile consent to a urine or blood test. (If people could be forced to s......
TDCAA > TDCAA Community > Juvenile Law


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