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Discussion Topic  RE: Pleas, Probation & Punishment Update (in Criminal) by JB
Everyone has made great suggestions. I have put many of them into the new book (The Perfect Plea), ......
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  Exculpatory after Guilty Plea (in Criminal) by JB
Today, the US Supreme Court held that a defendant waives the right to receive exculpatory evidence b......
TDCAA > TDCAA Community > Criminal

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: 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: 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: 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


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