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Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
The Fifth Circuit has now also decided no habeas relief will be granted based on Miller. Craig v. Ca......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
More from the Carp case that could also be applied in Texas: The Michigan Court of Appeals apparentl......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Maybe this approach is also available in Texas (from concurring opinion of Judge Wolf in Washington ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Apparently the sentencing error is subject to procedural default (claim not raised in trial court). ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Punishment witnesses exempt from the rule? (in Criminal) by Martin Peterson
It certainly seems arguable that the testimony of a character witness might be materially affected b......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Crabtree (in Criminal) by Martin Peterson
So far, no bill has been introduced to clarify the meaning of article 62.003 (after it was misconstr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: David Weeks wins mandamus (in Criminal) by Martin Peterson
The fact that the appellate courts would issue a stay of proceedings in the trial court is the essen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Court says magistrate cannot take an oath by phone (in Criminal) by Martin Peterson
Voice Recognition + Oath is all that is needed after all. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Oral Argument in CCA-Limited Opportunity (in Appellate) by Martin Peterson
In 2012, 89 cases involving discretionary review were submitted to the CCA for decision (not countin......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Writ Lying (in Criminal) by Martin Peterson
I do not believe the case would not be effectively transferred to the Supreme Court, but rather the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CCA amends TRAP immediately (in Appellate) by Martin Peterson
The increased typeface changes the number of lines of print per page (by 2, down to 20). The number ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Garcia (in Criminal) by Martin Peterson
Well observed and said: There is nothing disorderly in a defendant, who was convicted of two offens......
TDCAA > TDCAA Community > Criminal

Discussion Topic  New CCA Clerk (in Appellate) by Martin Peterson
Abel Acosta is now the Clerk of the Court of Criminal Appeals....
TDCAA > TDCAA Community > Appellate

Discussion Topic  Blood Testing in DWI Cases (in Criminal) by Martin Peterson
Depending on the answers to the questions posed in Clay (PD-0579-12) pending in the CCA and Missouri......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Theft by Check???? (in Criminal) by Martin Peterson
My new conclusion is that there was no theft. The $1300 was a gift (as there was no new detriment or......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Theft by Check???? (in Criminal) by Martin Peterson
I have to admit it seems utterly strange that the victim of a theft would pay someone to again obtai......
TDCAA > TDCAA Community > Criminal

Discussion Topic  State v. Cashion (in Appellate) by Martin Peterson
Certainly I have no quarrel with the commentator's observation in the "Weekly Case Summaries" that, ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Phantom Right of Appeal (in Appellate) by Martin Peterson
One has to wonder why the State is given the right to "cross-appeal" from a trial court error if (to......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Motion for reconsideration of dismissal (in Criminal) by Martin Peterson
Of course, the court would have no authority to dismiss the case with prejudice to begin with. The o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla, Tanklevskaya and 11.072 (in Appellate) by Martin Peterson
The model brief I currently use is attached. You may also want to read the brief filed by the Solici......
TDCAA > TDCAA Community > Appellate


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