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Discussion Topic  RE: Enhancing the Enhanced Offense for Evading w/Motor Vehicle (in Criminal) by david curl
Calton is out. It holds (5-4) that the prior in 3rd degree evading is an element. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing the Enhanced Offense for Evading w/Motor Vehicle (in Criminal) by david curl
The cca recently had oral argument on a related topic in Calton v. State. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Right to discovery (in Juvenile Law) by david curl
51.17(b)says discovery is governed by the criminal standard. So you should look only at 54.02(e) an......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Search after stop completed (in Criminal) by david curl
You may be mis-remembering Knowles v. Iowa, 525 U.S. 113, 115-18, 119 S.Ct. 484, 486-88 (1998). Kno......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Balancing (new) right to counsel vs. 14-day requirement (in Civil) by david curl
There are several Fort Worth cases which have held that dismissal is not required by a trial court's......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Is the 7 day prior to trial amendment rule changed by resets? (in Civil) by david curl
need a written motion for leave to amend. See Pennington, 899 S.W.2d 767, 771 (Ta2 1995, writ denie......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Is the 7 day prior to trial amendment rule changed by resets? (in Civil) by david curl
You should get a copy of O'Connor's Civil Trials 2005. Look at pages 263-64. As I read it, you can......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: certified drving records admissibility (in Criminal) by david curl
Spaulding v. State, 896 S.W.2d 587, 588-89 (Tex.App.-Houston [1st Dist.] 1995, no pet.) (admissible ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Cross Examination re. Bias (in Criminal) by david curl
You might look at Dixon v. State, 2 S.W.3d 263, 273 (Tex. Crim. App. 1998) ("[Rule 61[3](b) ] deals ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Virginia judge declare .08 presumption unconstitutional (in Criminal) by david curl
this is the same judge involved in this thread ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Aggravated Circumstances-CPS (in Civil) by david curl
These cases might be worth looking at. They addressed a similar claim where the issue was whether T......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: juvenile confessions (in Juvenile Law) by david curl
Maybe this will get you started: Truax v. State, No. 13-96-316-CR, 1998 WL 34201886 at *6 (Tex.Ap......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Local candidates for the SCOTUS (in Appellate) by david curl
rumors say Clement ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Certification in light of Lopez (in Juvenile Law) by david curl
Link ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  Extraneous offenses at disposition (in Juvenile Law) by david curl
Just a heads up. The Fort Worth Court held today that extraneous offenses are not admissible at dis......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Question on Consent Searches - new law (in Criminal) by david curl
As I read it, the House has added a provision for recorded oral consent. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Juvenile's Motion for New Trial (in Juvenile Law) by david curl
You seem to imply that in civil cases, MNT are limited to jury misconduct and new evidence. MNT in ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Does an Application for A Writ Of Habeas Corpus have to be Verified? (in Criminal) by david curl
Look at Ex parte Golden, 991 S.W.2d 859, 862 (Tex. Crim. App. 1999) ("Had the Legislature intended t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statements in PSI Admissible? (in Criminal) by david curl
On the statement issue you might look at In re J.S.S., 20 S.W.3d 837 (Tex.App.-El Paso 2000, pet. de......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Is Is Simple Assault a lesser included offense of Aggravated Assault? (in Criminal) by david curl
Check out the cca's published op. on this topic today in Irving v. State: ......
TDCAA > TDCAA Community > Criminal


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