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Discussion Topic  RE: Are you responsible for my file? (in Criminal) by Martin Peterson
Who is "the state" may assume far greater importance in light of new subsection (h-1) to art. 39.14.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
There are several things about the decision in Jae Lee that deserve discussion, but I choose these t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Theft enhancement based on prior convictions (in Criminal) by Martin Peterson
I think you are safe in your interpretation of "any grade of theft." However, I point out, as I did ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Withdrawn guilty plea at sentencing (in Criminal) by Martin Peterson
Fred, I think an objection under TRE 410(b)(3)(4) would likely be sustained. The CCA has noted that ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 46.05 Prohibited Weapon (in Criminal) by Martin Peterson
While the statute was amended this session, no attempt to clarify or rectify this issue. Maybe the f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 46.05 Prohibited Weapon (in Criminal) by Martin Peterson
It seems to me that the same thing could be said about how marihuana is defined in the Controlled Su......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 46.05 Prohibited Weapon (in Criminal) by Martin Peterson
Are you treating the "unless registered" clause as an exception? If so, I would question that conclu......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Mandamus (in Appellate) by Martin Peterson
The lack of uniformity as to filing fee continues. There is another aspect to the characterization w......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
Mayer (309 S.W.3d 352) has now been modified by the Legislature in SB 527, adopting the principle th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
The SCOTUS has stated, as valid, an assumption "that a legislature could validly provide for repleni......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
No PDR was filed in Martinez, 507 S.W.3d 914. The PDR filed in the Perez case (10-16-00029-CR), whic......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Resolution of Misdemeanors (in Criminal) by Martin Peterson
I believe that persons being held on misdemeanor charges are quite often willing to enter guilty ple......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Making Traffic Lawyers Pay their Surety Bonds (in Criminal) by Martin Peterson
You will also want to make certain the appropriate officials are notified that the attorney is "disq......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Charging Endganering a Child when Child Born Postiive for Meth (in Criminal) by Martin Peterson
Sorry, this is not helpful to your position, but maybe helpful in evaluating your position: "The St......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Incompetent and Not Likely to Regain (in Criminal) by Martin Peterson
If you let the argument carry all the way to a dismissal of the charge, then would not an avenue to ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Incompetent and Not Likely to Regain (in Criminal) by Martin Peterson
The decision in Manning is interesting in that Judge Davis found the 1975 addition of subsection 1(b......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
The time-limit rules are designed to secure an orderly and more prompt ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Crime Lab drug results (in Criminal) by Martin Peterson
Another thing to keep in mind is that "[t]he definition of “intoxicated” in the driving-while-intoxi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: In re Allen (in Appellate) by Martin Peterson
Legislature: nothing, at least not this session. CCA: Who knows? As the Chief states: "It is not at......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Counts in DWI Child Passenger (in Criminal) by Martin Peterson
Has not your defendant already been convicted of two offenses? If so, then abandoning one charge now......
TDCAA > TDCAA Community > Criminal


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