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Discussion Topic  RE: Lying to a suspect to get DNA (in Criminal) by david curl
Interesting article in the NYT today about this issue. The defense push back is: Some legal expe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Researching issues presented to CCA (in Appellate) by david curl
It shouldn't make the argument stronger: "we take this opportunity to emphasize that the summary re......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Researching issues presented to CCA (in Appellate) by david curl
The CCA posts all of the granted issues on ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Oldest Pending Appeal (in Appellate) by david curl
I had a capital case where the NOA was filed in Nov 1986 and the mandate issued in Nov 1996. ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Is this a crime? (in Criminal) by david curl
The issue, I guess, is whether the defendant had the car dealership's effective consent. Was it d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Qustion for DA's (in Criminal) by david curl
"To find operation under [the DWI] standard, the totality of the circumstances must demonstrate that......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New Offense? (in Criminal) by david curl
The hypno-toad from Futurama is strangely compelling. ......
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  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  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: expert testimony for lasers? (in Appellate) by david curl
First, I think that you can argue that the laser does not have to be shown to be accurate to justify......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Self Defense & Carrying Gun to Confrontation (in Criminal) by david curl
I had a case recently where the trial court instructed the jury under 9.31(b), the Waco didn't addre......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can we use the videotape? (in Juvenile Law) by david curl
You say they were interviewed separately, so the issue for the juvenile is whether he was in custody......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Tables of Authorites software? (in Appellate) by david curl
Our secretaries use a product called "Full Authority" that they seem to like better than Word. I ju......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Fischer v. State (in Criminal) by david curl
So your point is that Medrano was wrongly decided: The trial court's ruling in this case does not i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fischer v. State (in Criminal) by david curl
Why is a motion to suppress that is based on a rule of evidence bogus: Under article 28.01, a moti......
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: Does Obstruction Toll SOL for DWI? (in Criminal) by david curl
This case might help Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004) ("The question befor......
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: Co-Defendant Judgments Admissible? (in Criminal) by david curl
First, I would think -- assuming the co-defendant does not testify in your trial -- that it would vi......
TDCAA > TDCAA Community > Criminal


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