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Discussion Topic  RE: Blood Testing in DWI Cases (in Criminal) by Martin Peterson
'Tis nice to see crazy Erdman rationale exit. ......
TDCAA > TDCAA Community > Criminal

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: 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: Miller v Alabama (in Criminal) by Martin Peterson
California was also one of the first places to find a valid LWOP sentence after ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
If 15 years is the right number for homicides, I am guessing maybe half that is generally right for ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
While Miller had nothing to do with punishments in non-homicide cases, it was interpreted to change ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
The good: capital murder conviction affirmed. The bad: no reformation of sentence possible. The ugly......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
So, when is the best chance for rehabilitation, before you start serving a 15-year minimum in prison......
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  RE: Grand Jury members "state of mind" (in Criminal) by Martin Peterson
I once presented what I considered to be a winnable murder charge to another grand jury after only 8......
TDCAA > TDCAA Community > Criminal

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: Jury Charge (in Criminal) by Martin Peterson
At least one of them was bold enough to make his presence known. I rather doubt he liked my suggesti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Jury Charge (in Criminal) by Martin Peterson
You might want to consider a charge like this one: You are instructed that under the law of self-de......
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

Discussion Topic  RE: New Evidence Motion for New Trial---time?? (in Criminal) by Martin Peterson
There is no reason to think that the time limitations prescribed by TRAP 21.4 and 21.8(a) do not app......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appellate Challenge--cartoon brief (in Appellate) by Martin Peterson
Thought 1: How much time would it take for me to prepare a cartoon brief, given my drawing skills? ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Post Conviction Writ (Misdemeanor Conviction) (in Criminal) by Martin Peterson
I presume the issue is coming before the district court in the form of a motion to quash part of the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: An appropriate opinion footnote????? (in Appellate) by Martin Peterson
Presumably the footnote referenced a fact outside the record, and therefore maybe not so appropriate......
TDCAA > TDCAA Community > Appellate


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