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Discussion Topic  RE: Exectution of Mentally Retarded (in Criminal) by JB
It looks like the Apprendi decision applies to death penalty decisions, so a jury must be the decisi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exectution of Mentally Retarded (in Criminal) by JB
If a prosecutor doesn't want to "waste" time picking a jury, then the prosecutor should decide wheth......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exectution of Mentally Retarded (in Criminal) by JB
Governor Perry previously vetoed Sen. Ellis' bill that would have given the judge power to declare a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exectution of Mentally Retarded (in Criminal) by JB
Another way to do this would be to use the current mitigation special issue. You could simply instr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exectution of Mentally Retarded (in Criminal) by JB
Yesterday, the trial judge on the Penry retrial said NO to a life sentence, leaving it to further li......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exectution of Mentally Retarded (in Criminal) by JB
Here is a prediction: Opponents of the death penalty will now say that Texas should have life witho......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exectution of Mentally Retarded (in Criminal) by JB
The simplest solution is to add a special issue at punishment that simply asks whether the jury find......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: The Phoenix Memo: Illegal in Texas. (in Criminal) by JB
Frankly, most officers now would be able to testify that they didn't know anything about the driver ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: The Phoenix Memo: Illegal in Texas. (in Criminal) by JB
Does anyone think it is reasonable to target a particular nationality for search or seizure during a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: The Phoenix Memo: Illegal in Texas. (in Criminal) by JB
In 1972, at the Munich Olympics, athletes were kidnapped and massacred by: (a) Olga Korbut (b)......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Subpoena question (in Criminal) by JB
Check out article 1.052, Code of Criminal Procedure. Sanctions may be imposed by the trial court on ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Subpoena question (in Criminal) by JB
I recently got such a subpoena to appear from Williamson County in a capital murder case in Hays Cou......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pleas, Probation & Punishment Update (in Criminal) by JB
The update to "Pleas, Probation & Punishment" (which is going back to the original title of "The Per......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: theft enhancements under penal 31.03 (in Criminal) by JB
I would think Throneberry has a pretty good case for ineffective assistance of counsel on appeal. O......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: theft enhancements under penal 31.03 (in Criminal) by JB
Not much in the way of reasoning offered by the court of appeals. I imagine that one will get a PDR......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: theft enhancements under penal 31.03 (in Criminal) by JB
For additional support, see State v. Newsom, 64 SW3d 478 (holding that prior probated sentence is no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: theft enhancements under penal 31.03 (in Criminal) by JB
I don't think there is a definitive appellate answer. The word final does not appear, but the Court......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Magic Tape (in Criminal) by JB
Oral admissions of defendants who are not in custody are, of course, admissible in Texas as simple a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Magic Tape (in Criminal) by JB
While I would not prevent the admission of an oral custodial confession if I were king, I do not hav......
TDCAA > TDCAA Community > Criminal

Discussion Topic  No Privacy at Police Station (in Criminal) by JB
In a great decision for law enforcement, the Court of Criminal Appeals today held that a defendant h......
TDCAA > TDCAA Community > Criminal


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