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Discussion Topic  RE: Jury charge help (in Criminal) by Martin Peterson
I would also make every effort to explain to the jury that you need not prove the allegation exactly......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Memorandum Opinions (in Appellate) by Martin Peterson
I guess I do not understand your question, since there was no change in the rule with respect to DNP......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Memorandum Opinions (in Appellate) by Martin Peterson
Maybe it has happened, but I have yet to see any published case which indicates it got that way as a......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Manslaughter and Intox Manslaughter - 2 count indictment (in Criminal) by Martin Peterson
Effectively an offense under 49.08 is one of the means by which one could commit an offense under 19......
TDCAA > TDCAA Community > Criminal

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  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: Convictions overturned for sloppy reporting? (in Appellate) by Martin Peterson
I guess the need to protect against sloppy records was not the reason the county court at law judges......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Hired lawyer wants appointed experts (in Criminal) by Martin Peterson
......
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: Enhancing DWI to Felony--???--- (in Criminal) by Martin Peterson
Terry, I refuse to be taken in by this discussion.(Assuming you were referring to me). Besides, even......
TDCAA > TDCAA Community > Criminal


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