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Discussion Topic  RE: Gun shot wound = serious bodily injury? (in Criminal) by david curl
If you're charging agg assault, wouldn't you be happier going under "deadly weapon,” TPC 22.0......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI on bicycle? (in Criminal) by david curl
It looks like that’s been the law since at least 1994 when 49.01(3) became effective. See gen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using res gestae statement to establish a defense (in Criminal) by david curl
First, except for the art. 38.22 sec. 5 context, the term "res gestae" shouldn't be considered when......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Open Container Search (in Criminal) by david curl
J.A.L. was a fairly recent case on this: "If probable cause justifies the search of a lawfully stop......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Witness and 404(b) (in Criminal) by david curl
Castaldo v. State, 78 S.W.3d 345 (Tex.Crim.App. 2002); Cox v. State, 2009 WL 807491 at *4 (Tex.App.-......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resisting Unlawful Arrest (in Criminal) by david curl
I think bgreer is right that hot pursuit should get the cop into the house. Randolph v. State, 152 ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resisting Unlawful Arrest (in Criminal) by david curl
you might look at State v. Iduarte 268 S.W.3d 544, 551 (Tex. Crim. App. 2008)("If appellee did point......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search Warrant Question (in Criminal) by david curl
It looks like two issues: (1) is there an art. 38.23 problem with investigating outside their juri......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: legality of septic inspections (in Criminal) by david curl
This independent inspection requirement looks like a part of the State's police powers much like the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Which states allow jury sentencing? (in Criminal) by david curl
Maybe you should add Mississippi and Tennessee. Moton v. State, 999 So.2d 1287, 1288 (Miss.App. 200......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Today's summary reversal of 9th Circuit (in Criminal) by david curl
Interesting per curiam reversal of the 9th Circuit today. The Ninth Circuit's legal- sufficiency re......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: voir dire issue re: lesbian relationship (in Criminal) by david curl
On the one hand a juror is entitled to consider the facts of the case. Sadler v. State, 977 S.W.2d ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Another Warrantless Arrest Question (in Criminal) by david curl
Worthington v. State, 38 S.W.3d 815 (Tex.App.-Houston [14 Dist.],2001) rev'd on other grounds 67 S.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: What do you do with this?!? (in Criminal) by david curl
I've got a pending termination appeal (In re T.M.) that is a lot like the facts in your "hypothetica......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: search of cell phone incident to arrest (in Criminal) by david curl
The Ohio Supreme Court in State v. Smith, disagrees with Finley. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Protective Sweep (in Criminal) by david curl
"When conducting an in-home arrest, a police officer may sweep the house only if he possesses an obj......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Proving Cocaine Use in an MTR (no admission) (in Criminal) by david curl
I agree with John that if you don't want to risk getting reversed you shouldn't try to get a drug te......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Proving Cocaine Use in an MTR (no admission) (in Criminal) by david curl
I agree with Sammy: both state and federal cases hold that the Confrontation Clause does not apply ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appellate Court Looking Beyond FFCL (in Appellate) by david curl
I guess we all agree on that -- although the "right for any reason" doctrine seems most applicable f......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appellate Court Looking Beyond FFCL (in Appellate) by david curl
Your case really highlights the need to make sure that a trial court's findings are detailed and tho......
TDCAA > TDCAA Community > Appellate


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