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Discussion Topic  RE: BEXAR CTY CONVICTION FOR CONSTRUCTION FRAUD (in Criminal) by pkdyer
I was not trial attorney, but wrote the appeal on Gill v. State, 11-07-00035-CR, 2008 Tex. App. LEXI......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Court forces prosecutor to testify (in Criminal) by pkdyer
Unfortunately it was sprung on the prosecutor at the hearing and even though he objected to testifyi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Court forces prosecutor to testify (in Criminal) by pkdyer
I thought I saw a case on this recently, but can't seem to find it now. Just wondering what circums......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Voluntary Act Instruction (in Criminal) by pkdyer
Def convicted of murder, requested lessers - manslaughter, crim neg homicide, and ddly conduct. All......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: LLC Member as theft defendant (in Criminal) by pkdyer
Here is the question -- A,B, and C form LLC to recycle (clean and resell). A is designated presiden......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Guilty Plea - MTS appeal - probation (in Criminal) by pkdyer
This is not a MTR - it is probation on a guilty plea -- the 30 days are just a condition of the comm......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Guilty Plea - MTS appeal - probation (in Criminal) by pkdyer
I have the case law that states community supervision does not commence until after the appellate ma......
TDCAA > TDCAA Community > Criminal

Discussion Topic  charging murder 19(b)(3) - injury to child (in Criminal) by pkdyer
One of the prosecutors in my office who went to the Annual stated there was someone who talked about......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Rothgery - does it apply under 51.102 (in Juvenile Law) by pkdyer
No request for attorney - but magistrate did not advise juvi of the procedures for indigent apptd at......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: restitution wage garnishment (in Criminal) by pkdyer
Isn't payment of restitution part of probation? If she has the ability to pay, isn't that grounds f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Making videos available (in Criminal) by pkdyer
I have got an article 39.14 trial memo addressing the issue that evidence cannot be removed from sta......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Authority to modify sentence (?) (in Criminal) by pkdyer
You might start with Wooldridge, 237 S.W.3d 714. If it was truly an illegal sentence, then the tria......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Playgrounds and drug free zones (in Criminal) by pkdyer
Had similar situation in Gee v. State, 2005 Tex. App. LEXIS 5955, Eastland, 7/28/05. Not quite deter......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Accident & DWI Investigation (in Criminal) by pkdyer
Didn't have time for extensive research, but you might look at Stevenson, 993 SW2d 857, Hutto, 977 S......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Gilda Kessner - as expert in defense of battered woman (in Expert Witnesses) by pkdyer
Would like information on Kessner as she is going to testify in an 9/8 murder trial - assume on futu......
TDCAA > TDCAA Community > Expert Witnesses

Discussion Topic  RE: Digital Recording of Proceeding (in Criminal) by pkdyer
A judge in our court ran into this exact issue. He is unavailable at the moment but thought I would......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Legal Alert! (in Criminal) by pkdyer
I guess the third COA is taking its lead from the CCA as far as reading the minds of a trial judge. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Voided Judgment Help (in Criminal) by pkdyer
What authority does a judge have to simply "decide" the judgments are void? Don't they have to meet......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancement subject to quash (in Criminal) by pkdyer
Thanks - I did not find that case in Alabama - found Beavers, 666 So. 868 which says trial court may......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancement subject to quash (in Criminal) by pkdyer
It was Alabama. Alabama has a split-sentencing act where defendant serves time in jail or prison th......
TDCAA > TDCAA Community > Criminal


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