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Discussion Topic  RE: Turn OFF the Phone (in Criminal) by GPuryear
The 14 COA in Houston yesterday reversed and acquitted a defendant convicted by a jury of criminal n......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancements (in Criminal) by GPuryear
See Barker v. State, 2011 Tex. App. LEXIS 1041 (Tex. App. Houston 14th Dist. Feb. 15, 2011) The Co......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Intoxication by unknown substance and a HGN (in Criminal) by GPuryear
Depressants, inhalants, and dissociative anesthetics, the so-called "DID drugs", may cause HGN. The......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Who'd've thunk? (in Criminal) by GPuryear
The Ministry of Justice should file this study under "No $h!t, Sherlock".......
TDCAA > TDCAA Community > Criminal

Poll  RE: facebook evidence (in Criminal) by GPuryear
A subpoena duces tecum or court order to Facebook for preservation of the Defendant's account and us......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Appellate Musical Chairs.... (in Criminal) by GPuryear
When an appeal is transferred from one appeals court to another by the Supreme Court under Tex. Gov'......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: money talks (in Criminal) by GPuryear
For all his altruistic ideals expressed in public press releases and interviews, the Innocence Proje......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Class C Assault v. Class A Assault (in Criminal) by GPuryear
The COA helpfully cleared this issue up late last year in Welsh v. State and McKithan v. State Cite ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: K2 & Spice (in Criminal) by GPuryear
It's my understanding that as of 4-5 months ago, DPS was unable to test for the active ingredients i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Warrantless search (in Criminal) by GPuryear
It seems like the rationale behind the Gant decision would distinguish itself from your facts. The ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Forfeiture by wrongdoing (in Criminal) by GPuryear
Jail calls between the D and the victim can be great forfeiture evidence. "All this will go away if......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: MTR (in Criminal) by GPuryear
You know that this is a prosecutor's forum, right? As in, we represent the State of Texas bringing ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Use of Learned Treatises by Officer as to how alcohol affects defendant's mental and physical faculties (in Criminal) by GPuryear
How about the NHTSA Manual? Some judges will allow testimony equating HGN results with a BAC of ove......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Use of Learned Treatises by Officer as to how alcohol affects defendant's mental and physical faculties (in Criminal) by GPuryear
No. The first line of 803(18) limits the exception to an expert. Now, your officer is likely an ex......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using a recorded statement (in Criminal) by GPuryear
I would first try to refresh her memory on the stand with the statement. If this review of her stat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Voir Dire powerpoints (in Criminal) by GPuryear
Great to talk to you, Greg. You help run a great office over there. I just sent a few presentations......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Voir Dire powerpoints (in Criminal) by GPuryear
It can be a very valuable tool during voir dire. The benefits are obvious: Visual aids, pictures, e......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Cell phone searches (in Criminal) by GPuryear
On a more thorough read, you are right Doug. I guess it comes down to whether the contents of the c......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Cell phone searches (in Criminal) by GPuryear
The 5th Circuit, 2 weeks ago, in U.S. v. Curtis, No. 09-20491, upheld the search of a defendant's ce......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Recorded statements of third parties - not present at trial (in Criminal) by GPuryear
I think you've got issues with confrontation. These statements are not being given to resolve any "......
TDCAA > TDCAA Community > Criminal


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