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Discussion Topic  RE: Passenger (in Criminal) by D.Merritt
You can probably make an argument based on the smell. Garcia v. State, 2013 WL 3326027, at *2 (Tex.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  CCP 57.03 -- disclosure of victim where a pseudonym has been used (in Civil) by D.Merritt
Anyone have an idea how the prohibition on disclosing the identity of a victim who has chosen to use......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Using signatures as evidence of intoxication (in Criminal) by D.Merritt
Here's an out-of-state case that pretty much says what you want Observations of signs of intoxicati......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: US v. Jones v. Confidential Informants (in Criminal) by D.Merritt
A court should reject the complaint on the basis of consent for the entry. Cases you might look at ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: A hypothetical (in Criminal) by D.Merritt
That's probably prohibited by TEX. R. EVID. 410. See Bowie v. State, 135 S.W.3d 55, 65 (Tex. Crim. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: blood draw by a police phlebotomist (in Criminal) by D.Merritt
Similar issue is before the cca in State v. Johnston, 305 S.W.3d 746 (Tex.App.-Fort Worth 2009, pet.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-trials and Confrontation Clause objections (in Criminal) by D.Merritt
Ford v. State, 305 S.W.3d 530 (Tex.Crim.App. 2009) at least implies that confrontation doesn't apply......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hernandez (in Appellate) by D.Merritt
Doesn't ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Claiming Privilege (in Criminal) by D.Merritt
You can ask to do the direct and cross first in voir dire and if the witness refuses to submit to cr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: re-trial question (in Criminal) by D.Merritt
There is even some authority supporting the court's power to enter a judgment in favor of the aggrie......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exclusionary Rule for Juveniles (in Juvenile Law) by D.Merritt
When I ran 54.03(e) on westlaw about 40 juvenile cases came up....
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Murder as Lesser Included to Capital (in Criminal) by D.Merritt
I think you're right that Feldman is not on point. However, I guess that sec. 19.02(b)(2) is, in th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Murder as Lesser Included to Capital (in Criminal) by D.Merritt
Feldman v. State, 71 S.W.3d 738, 752-53 (Tex. Crim. App. 2002) (where state pleads two theories of c......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: How to Respond to Defendant's "Petition for Nondisclosure Of Criminal History Record Information" (in Criminal) by D.Merritt
Here's a case where somebody filed one of these things. McLendon v. State,2004 WL 1746142 (Tex.App.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resisting Arrest help ASAP (in Criminal) by D.Merritt
Cail v. State, 2003 WL 21357288, at *2 (Tex.App.-Houston [1st Dist.] June 12, 2003, no pet.) (not de......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Third Party Consent - Sort of...? (in Criminal) by D.Merritt
A dog sniff is not a search. See United States v. Place, 462 U.S. 696, 707 (1983); Crockett v. Stat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Unconstitutional as applied (in Appellate) by D.Merritt
A complaint that a statute is unconstitutional as applied because of vagueness must be raised in the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Double Jeopardy question (in Criminal) by D.Merritt
not sure I understand your question; it is well settled that a defendant cannot be convicted of both......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CPS dismissal date extensions (in Civil) by D.Merritt
I couldn't find anything in the bill about the effective date of the changes to 263.401. I just fou......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Right to Appointed Counsel (in Criminal) by D.Merritt
42 TEX PRAC § 24.52a...
TDCAA > TDCAA Community > Criminal


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