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Discussion Topic  RE: Capital cases: Atkins, Briseno, and federal implications (in Appellate) by Jimbeaux
Can someone articulate how Briseno conflicts with Atkins? Doesn't Briseno just interpret and fill in......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Teen Fights Removal of Bullet in Head (in Criminal) by Jimbeaux
Unfortunately, we don't get to find out an answer: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by Jimbeaux
In sum then, 1. The authority is controlling 2. It's probably on point 3. It's adverse to you; BUT 4......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by Jimbeaux
Well, I apologize if I misunderstood. I just took your comment about the Fourth Amendment and "justi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by Jimbeaux
Well, it might depend on if it's controlling authority: "A lawyer shall not knowingly fail to discl......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lesser included offenses (in Criminal) by Jimbeaux
On the limitations question, the answer doesn't seem to be as good (mainly because the period expire......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lesser included offenses (in Criminal) by Jimbeaux
"In a bench trial, the prosecution is not required to submit a lesser included offense charge to the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Breath Test Refusal Jury Instruction (in Criminal) by Jimbeaux
How about Smith v. State, 8 S.W.3d 450, 451 (Waco 1999, no pet.)?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Kitchens and enhancements (in Criminal) by Jimbeaux
Kinda the same. This one has two separate habitual offender notices. But the defendant pled not true......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Kitchens and enhancements (in Criminal) by Jimbeaux
And after I posted, it occurred to me that a defendant probably has a right to a separate unanimous ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Kitchens and enhancements (in Criminal) by Jimbeaux
If the State alleges two habitual offender notices, is a unanimous verdict required for each (one) i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Felony Evading Arrest -- proving priors during G/I? (in Criminal) by Jimbeaux
Okay, just so I understand everyone's position, Y'all are saying that only if a prior conviction is......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Felony Evading Arrest -- proving priors during G/I? (in Criminal) by Jimbeaux
Okay, but how would that jibe with a prosecution under the alternative 3rd degree situation (serious......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Felony Evading Arrest -- proving priors during G/I? (in Criminal) by Jimbeaux
How do other offices prosecute 3d degree felony evading arrest? One of the things that can bump it ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Fraudulent Mexican documents (in Criminal) by Jimbeaux
I heard that there was a discussion in this forum a while back about the chronic nature of fraudulen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Traffic Stop Question (in Criminal) by Jimbeaux
Doesn't this case answer this situation?: State v. Montano, 2013 WL 3518202 at *3 (Tex. App.--Corpus......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Suppress (in Criminal) by Jimbeaux
268 S.W.3d 544...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Saving a Recorded Confession (in Criminal) by Jimbeaux
Yeah, that doesn't sound good. It seems if it's error for just ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Opening the door during cross-examination (in Criminal) by Jimbeaux
I think that would be tough. See Shipman v. State, 604 S.W.2d 182, 183 (Tex. Crim. App. [Panel Op.] ......
TDCAA > TDCAA Community > Criminal


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