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Discussion Topic  RE: diminished capacity (in Criminal) by East Texas Attorney
Best we can find so far is Miller v. State 770 sw2d 865. Its from 1989 but appears to be valid law....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: diminished capacity (in Criminal) by East Texas Attorney
Can a psychologist testify as to a defendant's future danger in a non-capital murder case?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hung Jury and Acquittal (in Criminal) by East Texas Attorney
Thanks for everyone's help. I'm now comfortable that the court can accepts verdicts on some counts ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hung Jury and Acquittal (in Criminal) by East Texas Attorney
Sorry Drew. We are now beginning are third full day of deliberations. By my count, we're over 30 h......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hung Jury and Acquittal (in Criminal) by East Texas Attorney
Maybe I'm wrong on this. The best I've found so far is State ex. rel. Hawthorn v. Giblin 589 SW2d 4......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Hung Jury and Acquittal (in Criminal) by East Texas Attorney
I currently have a jury in its 21st hour of deliberating. The question now arises that if the jury ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Vicknair v. State (in Criminal) by East Texas Attorney
I know there has been some previous discussion over this case under a post entitled "disclosure." H......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can evid. from an acquital be used as CCP 37.07 evid. in punishment? (in Criminal) by East Texas Attorney
My case on this was affirmed by the 12th Court of Appeals on January 31st. I talked to the defense ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can evid. from an acquital be used as CCP 37.07 evid. in punishment? (in Criminal) by East Texas Attorney
I have a rough copy of my brief on the subject if anyone is interested....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by East Texas Attorney
I'm in agreement that Vicknair still seems to be controlling law. Is there any thoughts on legislat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Art. 42.12, Sec. 20(a) - set aside the verdict upon completion of probation (in Criminal) by East Texas Attorney
Defendant's prior probation order shows "probationary period declared terminated, defendant discharg......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Conflict of Interest-Fail to Waive Attorney Client (in Appellate) by East Texas Attorney
I have an Appellant who is complaining that his attorney had a conflict of interest in representing ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  DWI Enhancement - Prior Probation Discharged (in Criminal) by East Texas Attorney
I'm trying to enhance a DWI to a felony. One of the prior convictions from 1990 contains an order d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Felony DWI-2 priors on same date (in Criminal) by East Texas Attorney
If both prior dwi's have different offense dates but the same date of conviction, can the new dwi be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dog Fighting/Cruelty (in Criminal) by East Texas Attorney
Appears prosecutors in Dallas did something similar in CAREY DEUNDRA MCMILLIAN, Appellant v. THE STA......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Dog Fighting/Cruelty (in Criminal) by East Texas Attorney
Need a little clarification. PC 42.10(a)(1) calls dog fighting a class a misdemeanor. PC 42.09(a)(......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lawyer Unknowingly Engaged in Organized Crime (in Criminal) by East Texas Attorney
It appears the lawyer may have had some suspicion of questionable facts but can't prove actual knowl......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Lawyer Unknowingly Engaged in Organized Crime (in Criminal) by East Texas Attorney
Wanted to know if you can charge two co-defendant's with engaging in organized crime when they use a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  PC for Search received in Grand Jury (in Criminal) by East Texas Attorney
What is the legality of using grand jury testimony to create probable cause for a search warrant? D......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Disposition of Seized Weapons (in Civil) by East Texas Attorney
Can a Sheriff trade weapons that have be forfeited to his department for new guns, supplies, etc? H......
TDCAA > TDCAA Community > Civil


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