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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: 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: Meth Baby-Prosecution of Mother (in Criminal) by Jimbeaux
I think it's more than a practical problem. If a dirty UA is all you have, it's difficult to prove "......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Supreme Court rules in Nevada's favor in the Hiibel case (in Criminal) by Jimbeaux
Even the majority refused to hold that giving one's name when asked is non-testimonial. They seem t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing a state jail felony. (in Criminal) by Jimbeaux
Re Morgan: Well, I had hope....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing a state jail felony. (in Criminal) by Jimbeaux
John R., I agree that Calton and Ford distinguish their situations from chapter 12 enhancements. I ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing a state jail felony. (in Criminal) by Jimbeaux
"Prior convictions are included in the guilt stage of a trial only when necessary to establish that ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Magistrate Advising/Invoking Right to Counsel (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Magistrate Advising/Invoking Right to Counsel (in Criminal) by Jimbeaux
The Sixth Amendment attaches at arraignment. And you have a 6th amd right to counsel at postarraign......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Improper Photography (in Criminal) by Jimbeaux
Don't you remember the Beatles' "Happiness is a Warm Gun"? -- "The man in the crowd with multicolou......
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: theft enhancements under penal 31.03 (in Criminal) by Jimbeaux
The reasoning in Throneberry II was that the prior conviction was actually an "element" of felony ev......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: theft enhancements under penal 31.03 (in Criminal) by Jimbeaux
The reasoning in Throneberry II was that the prior conviction was actually an "element" of felony ev......
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


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