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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: Art. 42.12, Sec. 20(a) - set aside the verdict upon completion of probation (in Criminal) by JB
Martin, we all took a vote, and the results are in. You may not write a sentence with more than 10 ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Art. 42.12, Sec. 20(a) - set aside the verdict upon completion of probation (in Criminal) by JB
What is the cite for Snodgrass?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Art. 42.12, Sec. 20(a) - set aside the verdict upon completion of probation (in Criminal) by JB
Isn't there a difference between a judge's right (common law or otherwise) to dismiss a charging ins......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Art. 42.12, Sec. 20(a) - set aside the verdict upon completion of probation (in Criminal) by JB
Right, and I thought only the executive branch, through the Governor and the Board of Pardons and Pa......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Art. 42.12, Sec. 20(a) - set aside the verdict upon completion of probation (in Criminal) by JB
The statute uses the word "may", which generally means the judge has discretion. But, I have always......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Child Porn Prosecutions after Ashcroft v. Free Speech Coalition (in Criminal) by JB
You need an expert to get the images into evidence, anyway. That same expert should be able to offe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Child Porn Prosecutions after Ashcroft v. Free Speech Coalition (in Criminal) by JB
Many of the stock child pornography images have already been identified as real children. Expert in......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Saldano (in Appellate) by JB
Collin County DA is taking on the AG, again, to recover the State's right to be represented: ......
TDCAA > TDCAA Community > Appellate

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: 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  RE: Frivolous Open Records Requests (in Criminal) by JB
It is constitutional also because the defendant is not put at any risk, so long as he tells the trut......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Frivolous Open Records Requests (in Criminal) by JB
Who would agree to a mandatory open file law under the following conditions: Before discovery begin......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Online Undercover Investigations (in Criminal) by JB
But that case was why the legislature amended section 15.031, Penal Code, to make it possible to pro......
TDCAA > TDCAA Community > Criminal


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