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Discussion Topic  RE: Pop Quiz (in Criminal) by Martin Peterson
I guess I have to disagree that finality has anything to do with relevance. That a jury already foun......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pop Quiz (in Criminal) by Martin Peterson
But, the fact of the conviction may still be relevant (admissible) under art. 37.07 sec. 3, even tho......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Updating The Perfect Plea (in Publication Updates) by Martin Peterson
John, on issue of what, if anything, can the prosecutor do if the court chooses not to follow the re......
TDCAA > TDCAA Community > Publication Updates

Discussion Topic  RE: Unique (I think) Parole Revocation Writ of Habeas Corpus (in Appellate) by Martin Peterson
Why even refer to it as an "alleged" offense. Presumably there was a revocation hearing at which so......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Can judge grant probation when jury denies it? (in Criminal) by Martin Peterson
While not directly on point, there are several cases which state the broader principle that the cour......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can judge grant probation when jury denies it? (in Criminal) by Martin Peterson
The judgment must provide "that the defendant be punished in accordance with the jury's verdict as t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Wrong County - Double Jeopardy? (in Criminal) by Martin Peterson
While failure of proof of venue may be treated as "trial error" where the jury found the evidence su......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Wrong County - Double Jeopardy? (in Criminal) by Martin Peterson
The court probably had no authority to dismiss the case (since it had jurisdiction). But, regardles......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Strike? (in Appellate) by Martin Peterson
The rule speaks only to "......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Parole Revocation-Stacked Sentence (in Criminal) by Martin Peterson
It has been my understanding that upon revocation of one's parole, you will not again be considered ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession question/ rt to counsel (in Criminal) by Martin Peterson
Sorry, but 44.01(a)(5) has that tricky clause: "if jeopardy has not attached in the case." You may ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession question/ rt to counsel (in Criminal) by Martin Peterson
If the issue is raised ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Misspent youth (in Criminal) by Martin Peterson
Shannon, I do not want to get off on any tangents, but always be careful what you "ask for". ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Superceding indictment? (in Criminal) by Martin Peterson
The Clerk has the duty of maintaining and arranging the records of the court. I do not think the st......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Bond and Community Supervision on Misdemeanor Appeals (in Appellate) by Martin Peterson
The bonds spoken of in art. 44.16 are those entered into under former art. 44.13 (now 45.0425). Wit......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Bond and Community Supervision on Misdemeanor Appeals (in Appellate) by Martin Peterson
This passage from ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Bond and Community Supervision on Misdemeanor Appeals (in Appellate) by Martin Peterson
I am unsure what you mean by "the notice of appeal was filed on the day she was supposed to start he......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Judicial Bargaining (in Criminal) by Martin Peterson
Even experienced judges are tempted to engage in judicial bargaining. The most extreme example ever ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Sufficiency of the Evidence (in Appellate) by Martin Peterson
For some reason the distinction between legal and factual sufficiency seems easier to understand in ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Cross-exam about Extraneous Conduct (in Criminal) by Martin Peterson
......
TDCAA > TDCAA Community > Criminal


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