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Discussion Topic  RE: Speedy Trial Issue (in Criminal) by david curl
I'll shot at your questions: 1. Assuming the new charges were for the same incident, I would say th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: FST (in Criminal) by david curl
This case might be of help Compton v. State,120 S.W.3d 375 (Tex.App. -- Texarkana 2003, pet. filed)(......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: using fine only dwi's for enhancement (in Criminal) by david curl
Since he didn't object to the enhancement count (i.e., this conviction) in his 1999 felony plea barg......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: using fine only dwi's for enhancement (in Criminal) by david curl
We won the estoppel case I mentioned above. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Seeking Advice on Search Issue (in Criminal) by david curl
Inevitable discovery was held to be contrary to art. 38.23. State v. Daugherty, 931 S.W.2d 268 (Te......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Juvenile PSIs (in Criminal) by david curl
We have asked our trial people to get these admitted to avoid the hassle of getting social histories......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Indictment problem? (in Criminal) by david curl
You should look at Dix & Dawson, 41 Texas Practice sections 20.77 & 20.79. I think you argument shou......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Juror testimony in writ hearing (in Criminal) by david curl
Just to support what Martin already said, a juror wouldn't be competent to give an expert opinion on......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Public Place Intoxication (in Criminal) by david curl
I think it's legal. See Ardis v. State, 05-00-01189-CR, 2001 WL 6783, (Tex.App.--Dallas,2001. Jan.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Mexia Madness (in Juvenile Law) by david curl
I was wondering if any other offices are having problems with the Mexia people and their "furlough" ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  jury instruction on attenuation of taint (in Criminal) by david curl
Say you have a consent to search and a confession following an illegal arrest. If the trial court f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sufficiency of Evidence (in Criminal) by david curl
For a factual sufficiency claim McDuff 939 S.W.2d at 613 pretty much supports you. For legal suffic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Ineffective Assistance when Client is a Lawyer (in Criminal) by david curl
Maybe one of these cases will get you started: State v. Oliver 656 N.E.2d 348 Ohio App. 8 Dist.,1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Judgment wording (in Criminal) by david curl
While I think you can do setencing in absentia, see CCP 33.03,  LaFave, 5 Criminal Procedure......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: TYC for Misdemeanor violations (in Juvenile Law) by david curl
For anybody who is interested -- it looks like sec. 54.05(k) of the Family Code has a good chance of......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Motion to Suppress (in Criminal) by david curl
I think that would be the rule of might makes right. I recall something similar happened when Judge......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Case on radar guns (in Criminal) by david curl
Mills was turned around on 12/6/02 on a Rule 50 opinion. FW now follows Maysonet v. State, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Oral Contract & agg. robbery following repossession (in Appellate) by david curl
I've got a brief due soon with a sufficiency issue that's got me buffaloed. The facts: (1) vict......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: What is the offense, if any? (in Criminal) by david curl
The short answer is that since he pled guilty to the jury sufficiency of the evidence is off the tab......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: What is the offense, if any? (in Criminal) by david curl
We are filing an appellate brief today in case a lot like yours. Our appellant set up a hidden came......
TDCAA > TDCAA Community > Criminal


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