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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
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Memorandum Opinions (in Appellate) by Martin PetersonI guess I do not understand your question, since there was no change in the rule with respect to DNP...... TDCAA > TDCAA Community > Appellate
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Memorandum Opinions (in Appellate) by Martin PetersonMaybe it has happened, but I have yet to see any published case which indicates it got that way as a...... TDCAA > TDCAA Community > Appellate
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Pop Quiz (in Criminal) by Martin PetersonI think the mandate is retroactive so that there is no problem with alleging the date the sentence w...... TDCAA > TDCAA Community > Criminal
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Pop Quiz (in Criminal) by Martin PetersonYou prove up the fact of the conviction by someone with personal knowledge of the conviction, rather...... TDCAA > TDCAA Community > Criminal
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Pop Quiz (in Criminal) by Martin PetersonI am not suggesting that the judgment alone be used to prove the prior conduct- merely that it, or w...... TDCAA > TDCAA Community > Criminal
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Pop Quiz (in Criminal) by Martin PetersonI guess I have to disagree that finality has anything to do with relevance. That a jury already foun...... TDCAA > TDCAA Community > Criminal
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Pop Quiz (in Criminal) by Martin PetersonBut, the fact of the conviction may still be relevant (admissible) under art. 37.07 sec. 3, even tho...... TDCAA > TDCAA Community > Criminal
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A Reasonable Request? (in Criminal) by Martin PetersonIf the numbers of "prisoners" is to grow, then of course the numbers of beds will also have to grow....... TDCAA > TDCAA Community > Criminal
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Updating The Perfect Plea (in Publication Updates) by Martin PetersonJohn, on issue of what, if anything, can the prosecutor do if the court chooses not to follow the re...... TDCAA > TDCAA Community > Publication Updates
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Unique (I think) Parole Revocation Writ of Habeas Corpus (in Appellate) by Martin PetersonWhy even refer to it as an "alleged" offense. Presumably there was a revocation hearing at which so...... TDCAA > TDCAA Community > Appellate
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Can judge grant probation when jury denies it? (in Criminal) by Martin PetersonWhile not directly on point, there are several cases which state the broader principle that the cour...... TDCAA > TDCAA Community > Criminal
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Can judge grant probation when jury denies it? (in Criminal) by Martin PetersonThe judgment must provide "that the defendant be punished in accordance with the jury's verdict as t...... TDCAA > TDCAA Community > Criminal
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Wrong County - Double Jeopardy? (in Criminal) by Martin PetersonWhile failure of proof of venue may be treated as "trial error" where the jury found the evidence su...... TDCAA > TDCAA Community > Criminal
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Wrong County - Double Jeopardy? (in Criminal) by Martin PetersonThe court probably had no authority to dismiss the case (since it had jurisdiction). But, regardles...... TDCAA > TDCAA Community > Criminal
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Motion to Strike? (in Appellate) by Martin PetersonThe rule speaks only to "...... TDCAA > TDCAA Community > Appellate Parole Revocation-Stacked Sentence (in Criminal) by Martin PetersonIt has been my understanding that upon revocation of one's parole, you will not again be considered ...... TDCAA > TDCAA Community > Criminal
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Convictions overturned for sloppy reporting? (in Appellate) by Martin PetersonI guess the need to protect against sloppy records was not the reason the county court at law judges...... TDCAA > TDCAA Community > Appellate
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Confession question/ rt to counsel (in Criminal) by Martin PetersonSorry, but 44.01(a)(5) has that tricky clause: "if jeopardy has not attached in the case." You may ...... TDCAA > TDCAA Community > Criminal
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Confession question/ rt to counsel (in Criminal) by Martin PetersonIf the issue is raised ...... TDCAA > TDCAA Community > Criminal | » Refine Search » New Search |
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