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Discussion Topic  RE: offering extraneous offense at guilt stage questions (in Criminal) by david curl
Another theory for admission might be "preparation" or "plan." As Judge Cochran says: "if the defen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Question from DWI Summit (in Criminal) by david curl
You might look at the DOT report. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Amendment on Day of Trial (in Criminal) by david curl
I can't remember what we argued in Tyson but here is what the FWCoA said: An indictment may not be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Does Obstruction Toll SOL for DWI? (in Criminal) by david curl
This case might help Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004) ("The question befor......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attackin Murder Victim W/ Autopsy (in Criminal) by david curl
I recently briefed a claim that the presence of cocaine metabolites in a deceased victim's urine was......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Co-Defendant Judgments Admissible? (in Criminal) by david curl
First, I would think -- assuming the co-defendant does not testify in your trial -- that it would vi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hearsay in Juvenile Detention Hearing (in Juvenile Law) by david curl
We know for sure that written reports are ok. TFC 54.01(c). The hearing is supposed to be "informa......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Consent to Assault (in Juvenile Law) by david curl
I guess that the main statute you are looking at is TPC 22.06. That wouldn't apply if (1) SBI was t......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Brief Filing Question (in Appellate) by david curl
When I've had this happen, the order for re-briefing normally says when the appellee's brief is due.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Novice question regarding a 13 year old (now adult) who violated PC 22.11 (in Juvenile Law) by david curl
Look at 54.02(j). I think you are out of luck. I think the guy needed to have been 15 at the time o......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: A Dog's Life (in Criminal) by david curl
It begins again. The FW Court now holds that the plain language of "in the act of . . . injuring" i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession Question (in Criminal) by david curl
On the issue of whether a second set of Miranda warnings was needed, you might look at Miller v. S......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New language concerning Mag warnings in �51.095(f) (in Juvenile Law) by david curl
So your argument is that the voluntariness determination required by 51.095(a)(1) applies only to *w......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: New language concerning Mag warnings in �51.095(f) (in Juvenile Law) by david curl
I believe that the Magistrate is required to determine that the custodial statement is voluntary. T......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Whiskers (in Criminal) by david curl
Shoe was dismissed today as an improvident grant so the Fort Worth coa's favorable opinion stands....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Limits of expert cross-exam? (in Criminal) by david curl
Here are a couple of cases that seem to support your idea. State v. DeGraw, 470 S.E.2d 215, 222 (W.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Limits of expert cross-exam? (in Criminal) by david curl
Don't Soria and Lagrone provide more support for the idea that the trial court could order the defen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Need Help ASAP with getting child to Child Advocacy Center (in Criminal) by david curl
Have you contacted CPS? They might need to do an emergency removal under TFC 262.104. They also sh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  aborting a case certified for adult court (in Juvenile Law) by david curl
I got an e-mail from someone that has certified a now-adult on a very old murder case that was commi......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Judicial Notice of the Labor Code (in Criminal) by david curl
Watts v. State, 99 S.W.3d 604, 610 (Tex. Crim. App. 2003) ("Texas courts can, of course, take judici......
TDCAA > TDCAA Community > Criminal


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