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Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
The time limits have finally caught up with a State's attorney as well. Not sure every court will be......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Admitting portion of the record in same case (in Other) by Martin Peterson
It could easily be argued that this statement was not hearsay under 801(e)(2)(A) or falls within 803......
TDCAA > TDCAA Community > Other

Discussion Topic  RE: expert on self defense (in Criminal) by Martin Peterson
Ordinarily, the defendant is the only source of evidence of his or her state of mind at the time the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appeal of Probable Cause writ (in Appellate) by Martin Peterson
Well, I see that the appellate court held that the accused was entitled to discharge ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appeal of Probable Cause writ (in Appellate) by Martin Peterson
It appears the appellate courts have accepted jurisdiction over such appeals. E.g., Pilkington, 494 ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin Peterson
Hard to tell why the specific intent was included, except perhaps to meet the objection that the bil......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin Peterson
The statute has some flaws. First, how could one use force to take over possession of the “protectiv......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Repeat Offender vs. Arbuckle (in Criminal) by Martin Peterson
Back in 2005, I drafted a possible amendment to sec. 12.42 of the Penal Code that would treat probat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  All Things Discovery (in Criminal) by Martin Peterson
Read the brief. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Citing Unpublished Cases (in Criminal) by Martin Peterson
So, in effect, the jurisprudence of the State is actually growing faster than ever (as the distincti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Citing Unpublished Cases (in Criminal) by Martin Peterson
In a rarely used footnote, the Dallas court specifically explained why it only seemed to rely on unp......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Citing Unpublished Cases (in Criminal) by Martin Peterson
Even the appellate courts routinely cite unpublished authority in connection with a ruling. In Posey......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Failure to Remit Tax TAX 152.104 (in Criminal) by Martin Peterson
I have always been a fan of quoting the language of the statute involved in alleging most any violat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: void or voidable (in Criminal) by Martin Peterson
See Levy, 818 S.W.2d 801 (no plea bargain). But, the court later held that a void probation order is......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resolution of Misdemeanors (in Criminal) by Martin Peterson
No mechanical application of pre-set amounts for bail and more leniency in use of personal bonds and......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Even after the decision in Lee, it remains possible to lose an immigration writ based on lack of pro......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Charging a POCS Case (in Criminal) by Martin Peterson
Subject to the "anti-joinder" escape valve in subsection (e), two or more "separate" deliveries coul......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: It is past time for a change to these user forums (in Other) by Martin Peterson
I was one of the very first persons to sign up to participate in the forum. I thought it was likely ......
TDCAA > TDCAA Community > Other

Discussion Topic  RE: Sample 11.09 Writ Response (in Appellate) by Martin Peterson
Probably no specific form is available because it would depend on what is alleged as the basis for t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Texas Rule of Criminal Evidence 1101 (circa 1989) (in Appellate) by Martin Peterson
Attached is a copy of the rule as originally adopted. I doubt any change was made before 1990, but y......
TDCAA > TDCAA Community > Appellate


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