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Discussion Topic  RE: 12.42(c)(2)(B)(v) (in Criminal) by JB
The elements of an enhancement are to be decided by a jury, if the jury is deciding punishment. Sim......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Saldano (in Appellate) by JB
Just in case Collin County is reading this.... I recently read the unpublished opinion of the 5th C......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Prosecutor of the World (in Criminal) by JB
The international criminal court is looking for a good prosecutor, and I'm thinking Texas is the pla......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: E-indictments and E-arrest warrants (in Criminal) by JB
And did you notice the nice little addition to the bill at the end that forces us to prove the elect......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: What's in a name? (in Civil) by JB
None of the suggested names point to any particular denomination, and isn't that the point? As Pres......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: HB 1289 (in Criminal) by JB
One of the best ways to attack a bill is to provide the Legislature with specific examples of how th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deadly Weapon Finding (in Criminal) by JB
If the DW allegation is itself an element of the offense (such as in aggravated assault by threat an......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deadly Weapon Finding (in Criminal) by JB
In your situation, Apprendi doesn't even apply. Apprendi establishes a constitutional right to have......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deadly Weapon Finding (in Criminal) by JB
Sounds like a due process violation to me....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: State's Right to Jury - Where's the Rule? (in Criminal) by JB
The State has a right to a jury trial in both a felony and misdemeanor case. There is a bill in the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhanced State Jail Felony (in Criminal) by JB
Don't worry, you don't have to be a lawyer to read English. Frankly, it probably helps if you aren'......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhanced State Jail Felony (in Criminal) by JB
Martin, for a county with two prosecutors, you sure seem to have a lot of time to speculate over man......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhanced State Jail Felony (in Criminal) by JB
There is nothing that requires state jail felony offenses be sequential convictions. Any two state ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: EMS Confidential Communications (in Criminal) by JB
I would analogize this to the lawyer-client privilege. It extends to the lawyer and his agents. So......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: EMS Confidential Communications (in Criminal) by JB
It is Rule 509 that trumps. See State v. Hardy, 963 SW2d 516....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deadly weapon finding against non-actor defendant (in Criminal) by JB
Perhaps we could get intentional or knowing injury to a child added to the 3g list....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Eight Liners...Again (in Criminal) by JB
Rick, if you click on that little icon with the pencil at the top of your posting, it will allow you......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Eight Liners...Again (in Criminal) by JB
David, any additional remarks on the earlier suggestion that the AG is no longer assisting prosecuto......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HB 1530 (in Criminal) by JB
Martin, on the subject of our opinions on legislation. If you have a thought that perhaps could be ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 6th Amendment Issue with Confession? (in Criminal) by JB
Try reading Foux v. State, 886 S.W.2d 561. It indicates that a defendant can waive his 6th amendmen......
TDCAA > TDCAA Community > Criminal


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