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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  RE: Exigent Circumstances Blood Draw (in Criminal) by Martin Peterson
You may also want to consider that the CCA refused to accept review of the decision in State v. Sand......
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Discussion Topic  RE: Citing Unpublished Cases (in Criminal) by Martin Peterson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Discussion Topic  RE: Citing Unpublished Cases (in Criminal) by Martin Peterson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Discussion Topic  Citing Unpublished Cases (in Criminal) by Martin Peterson
Even the appellate courts routinely cite unpublished authority in connection with a ruling.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: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson
Yes, as is everyone else in the middle class. Principally this results from the devaluation of the d......
TDCAA > TDCAA Community > Criminal

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: 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: Failure to Register as Sex Offender (CCP 62.102) Jurisdiction (in Criminal) by Martin Peterson
The duty to register is violated by failure to timely register in the county where the sex offender ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Return of firearm (in Criminal) by Martin Peterson
If you really wanted to press the issue, an argument might be made that to return the guns would ena......
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: 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: FORGERY - Charging Question (in Criminal) by Martin Peterson
Much of the answer to your questions likely depends on provisions of Chapters 3 and 4 of the UCC. Fo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Jury Charge - Delivery or Possession of Controlled Substance (in Criminal) by Martin Peterson
Earlier discussion: ......
TDCAA > TDCAA Community > Criminal

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: The Beginning and End of an Assault (in Appellate) by Martin Peterson
It now seems plain that how the indictment is worded may not impinge on how the case is proved. Any ......
TDCAA > TDCAA Community > Appellate


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