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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: What are you reading? (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Affidavits Required for Responses to IAC Claims on Habeas? (in Appellate) by Jimbeaux
However you say it, it sounds more like "waiter". As in, "Yes, Your Honor, may I take your order?"...
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Affidavits Required for Responses to IAC Claims on Habeas? (in Appellate) by Jimbeaux
I'm gonna jump in. I think David's first point is well-taken: the way current writ practice proceed......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Signing traffic ticket with false name (in Criminal) by Jimbeaux
I don't get failure to ID in this case. Hasn't he already handed over his true license? Doesn't that......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Admission of 911 tape (in Criminal) by Jimbeaux
Hearsay wasn't the focus of my post. The Confrontation Clause was. And it's because they're "two sep......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Admission of 911 tape (in Criminal) by Jimbeaux
I think it's possible for a 911 tape made about a drunk driver could survive a confrontation clause ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New US Suprem Court case -- Georgia v. Randolph (in Criminal) by Jimbeaux
The problem is that we've jettisoned a bright line rule for one that isn't so bright. It would be mo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New US Suprem Court case -- Georgia v. Randolph (in Criminal) by Jimbeaux
John, it probably would have changed the analysis, but I think that makes the opinion even less defe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New US Suprem Court case -- Georgia v. Randolph (in Criminal) by Jimbeaux
While I wouldn't characterize the opinion as "offensive", I do think it odd that it is now constitut......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HB 823 -- "Traveling" (in Criminal) by Jimbeaux
I think that advice is sound -- mainly because it's difficult to think of situations where (when the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HB 823 -- "Traveling" (in Criminal) by Jimbeaux
The problem is that it ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HB 823 -- "Traveling" (in Criminal) by Jimbeaux
Easier solution. Just make it legal to have a gun in the car (it is, after all, an extension of one'......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HB 823 -- "Traveling" (in Criminal) by Jimbeaux
This is an interesting issue, if only because so few courts have written anything about it. Again, O......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HB 823 -- "Traveling" (in Criminal) by Jimbeaux
I'm not sure I completely agree with the concept that PC for an arrest can exist when all the facts ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing the Enhanced Offense for Evading w/Motor Vehicle (in Criminal) by Jimbeaux
Well, you have a good point about referring to sec. 49.09 (which coincidentally is called "enhanced ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing the Enhanced Offense for Evading w/Motor Vehicle (in Criminal) by Jimbeaux
......
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


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