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Discussion Topic  RE: Help prior testimony question (in Criminal) by Merrit
don't rely upon "former testimony" call it an admission of a party opponent....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Use of defendant's former testimony (in Criminal) by Merrit
You could be right. Leday v. State, 983 S.W.2d 713, 721 (Tex. Crim. App. 1998) (citing cases which ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Use of defendant's former testimony (in Criminal) by Merrit
I think the only argument against you is that his testimony in the punishment hearing was for a limi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Case Summary Quiz for 9/16 (in Criminal) by Merrit
No. Papakostas v. State, 145 S.W.3d 723, 726 n.4 (Tex.App.-Corpus Christi,2004, no pet.); Larez v.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deadly Conduct (in Criminal) by Merrit
I found one case that says it's a lesser of felony deadly conduct. Wimberley v. State, 2002 WL 3234......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Expert Witness Testimony Request (in Expert Witnesses) by Merrit
Have you tried the search function at the top of the page. There's been lots of discussions of Plat......
TDCAA > TDCAA Community > Expert Witnesses

Discussion Topic  RE: Defendant testimony during punishment phase (in Criminal) by Merrit
Sounds outrageous. Your defendant's claim has been rejected many times. Vaughn v. State 931 S.W.2d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fort Worth is Dead Wrong (in Criminal) by Merrit
You can ask the Court of Criminal Appeals for an extension of time to file your PDR. I have never h......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fort Worth is Dead Wrong (in Criminal) by Merrit
Stuart, keep in mind that a motion for reconsideration en banc will not extend your deadline to file......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Name of Victim on Indictment (in Criminal) by Merrit
Look at Fuller v. State, 73 S.W.3d 250, 254 (Tex. Crim. App. 2002) (immaterial variance review appli......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Factual Sufficiency and lesser included conviction (in Criminal) by Merrit
I think this issue is currently pending before the cca. Bustillos v. State, 2003 WL 1386948 (Tex.Ap......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: search warrant to retrieve numbers from cell phones (in Criminal) by Merrit
This case seems to be on point. U.S. v. Parada 289 F.Supp.2d 1291, 1303-04 (D.Kan. 2003). The exig......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI charge question: can I add "with test" when only plead as "loss normal"? (in Criminal) by Merrit
I was at the juvenile law conference in Austin, and just read this, but FYI: that language from Sol......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: SJF Theft w/2 priors (in Criminal) by Merrit
The best case for your position is Throneberry v. State, 109 S.W.3d 52, 55 Tex.App.-Fort Worth 2003,......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Crawford v. Washington (in Criminal) by Merrit
I think the firmly rooted stuff and reliability are no longer considerations. The question now is ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Habeas Challenge to '89 DWI Conviction (in Appellate) by Merrit
I don't think confinenment is required. Ex parte Schmidt, 109 S.W.3d 480 Tex.Crim.App.,2003....
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: punishment hearing (in Criminal) by Merrit
There is support for the idea that 37.07 no longer requires that the prior conviction be final. Lav......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Help. I'm tired (in Criminal) by Merrit
Nature of conduct. Sneed, 803 S.W.2d 835 n.2; Guzman, 988 S.W.2d at 887; see also ......
TDCAA > TDCAA Community > Criminal


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