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Discussion Topic  RE: Response to Summary Judgment (in Civil) by Martin Peterson
I am having a hard time envisioning how one proves that something was not contraband as a matter of ......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Recognizing McNeely for what it is and what it isn't is the key. Another appellate court weighs in:......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
If the officer was relying on a state law presumed to be valid (under state law), the evidence was n......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Whatever else you are including in your response to motions based on McNeely, I think you might want......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
This language is dicta, but it gives the first hint of what might constitute exigent circumstances a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Criminal (in Criminal) by Martin Peterson
Short answer: If no tolling involved, such offenses occurring on or before Sept. 1, 1982 became barr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Without mentioning the decision by the Mississippi Supreme Court, the Alabama Supreme Court has also......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
The Supreme Court of Missouri has taken the least flexible approach of any. Its holding is: "if the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
SB 2 passed both houses today by the margin required to go into immediate effect. My reading indicat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
One state supreme court has now expressly accepted the challenge and will determine whether a resent......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: OCA Standardized Felony Judgment Forms (in Criminal) by Martin Peterson
One thing is certain. The form should be modified to state: "All costs are adjudged against the defe......
TDCAA > TDCAA Community > Criminal

Poll  RE: Would you prosecute George Zimmerman? (in Criminal) by Martin Peterson
The exact nature and degree of force Trayvon was using just before he was shot is debatable, or at l......
TDCAA > TDCAA Community > Criminal

Poll  RE: Would you prosecute George Zimmerman? (in Criminal) by Martin Peterson
Everyone participating in the poll since the result of the Zimmerman prosecution became known has vo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can a Judge Rescind a State's Dismissal (in Criminal) by Martin Peterson
It has been my position, on admittedly different facts, that once a case is dismissed, the court los......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Glover v. State - "Funny because it's true" comment (in Criminal) by Martin Peterson
Ah, the last word in the title of the post had another meaning. I misunderstood Brody's comment....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Glover v. State - "Funny because it's true" comment (in Criminal) by Martin Peterson
While the opinion in Glover (No. 07-11-00392-CR) is a very fine one, it does not contain the mention......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Def statement contained a reference to his prior pen time (in Appellate) by Martin Peterson
If the statement was inadmissible, then hard to understand why the court gave only a limiting instru......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
The decision that the evidence substantiates one's guilt and the order for community supervision bec......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
An update: The court has presumably concluded its grants of review until after the summer "recess." ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: New Discovery Rules (in Criminal) by Martin Peterson
My reply to Brian's inquiry assumed that we were talking about things that the State was not going t......
TDCAA > TDCAA Community > Criminal


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