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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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 RE: Motion to Suppress (in Criminal) by Jimbeaux 268 S.W.3d 544... TDCAA > TDCAA Community > Criminal 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 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 | » Refine Search » New Search |
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