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Discussion Topic  RE: Chap 59 forfeiture/double jeopardy issue (in Appellate) by david curl
Didn't the cca preclude this kind of argument a long time ago? Fant v. State, 931 S.W.2d 299, 308-......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: PDR Letter Reply (in Appellate) by david curl
The main thing to watch out for is the 10-day deadline for a cross-petition. TRAP 68.2(b). If there......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: expunction (in Criminal) by david curl
Was ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: One-Party Consent Call (in Criminal) by david curl
I'll take a shot. I think because of 38.23 the court will do a conflict-of-law analysis. I think t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Citing Directly from Lexis/Westlaw (in Appellate) by david curl
I decided long ago that fooling around with Vernon's is a big waste of time. (I think to do it righ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: traffic safety checkpoint (in Criminal) by david curl
You'll probably need to show that there were guidelines in place concerning how the roadblock was se......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: officer good faith? (in Criminal) by david curl
"The trial court admitted the evidence under the good faith exception to the exclusionary rule becau......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Penal Code 21.10 (in Criminal) by david curl
Probably the best source would be to get the session laws (I don't think Westlaw goes that far back ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Status of Passengers During a "Routine" Traffic Stop (in Criminal) by david curl
New passenger case out today, Court upholds frisk of passenger after conversation between passenger ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Anonymous tip (in Criminal) by david curl
If this was a 9-1-1 call I would try to argue that it wasn't a truly anonymous tip. See LaFave 4 SE......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Search (in Criminal) by david curl
Not sure the search was bad, a search incident to arrest can take place prior to the arrest: "Moreo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can I Re-indict? (in Criminal) by david curl
Sorry, I misunderstood the question. The objection is going to be prosecutorial vindictiveness: To......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can I Re-indict? (in Criminal) by david curl
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New TRAPS (in Appellate) by david curl
Does anyone know for certain when and where PDR replys are due for PDRs pending on 9/1? I assume ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI case that eliminated manner and means (in Criminal) by david curl
State v. Barbernell, --- S.W.3d ----, 2008 WL 2596934 at *6-7 (Tex. Crim. App. July 2, 2008) (State ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Seizing pictures from jail (in Criminal) by david curl
Soria v. State, 933 S.W.2d 46, 60(Tex. Crim. App. 1996) ("Prison officials must be free to seize fro......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Big Help Needed-if defense inves has tangible evidence... (in Criminal) by david curl
Here's an interesting story on this topic -- search warrant used to search defense attorney's office......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Reply to Motion for Extention of Time to file Appellant's Brief (in Appellate) by david curl
I don’t think you have much chance of achieving anything useful. I would expect the court of ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Punishment reversal question (in Appellate) by david curl
I guess I’m confused. Article 44.29(b) has been the law since 1987. Stewart v. State,13 S.W.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Juvenile Turned Adult (in Juvenile Law) by david curl
I think you have to try to go under TFC 54.02(j). A juvenile adjudication cannot generally be obta......
TDCAA > TDCAA Community > Juvenile Law


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