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Discussion Topic  RE: Probable cause hearing after indictment? (in Criminal) by Martin Peterson
So you have no real notice of the purpose of the hearing or the basis for the "motion" or the relief......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Reconsider Sentence on MTR?? (in Criminal) by Martin Peterson
Motions to reconsider are often filed where a motion for new trial is not available. The court prob......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: One more admonishment? (in Criminal) by Martin Peterson
Presumably Padilla admonishments/considerations are going pretty well. Bradley's comment about incre......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lack of thumbprint on judgment (in Criminal) by Martin Peterson
A great many, perhaps even a majority of, judgments are signed or entered without fully complying wi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prosecution of CI Buy Cases and Michael Morton (in Criminal) by Martin Peterson
The video of the offense is not considered a recorded statement of the defendant or a witness. But, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation terms (in Criminal) by Martin Peterson
The mere filing of a motion to revoke does not, of course, act to revoke or suspend the court's orde......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Question re: Appeal Filed Where Right to Appeal Waived (in Appellate) by Martin Peterson
What does the Rule 25.2(d) certification say? It could likely be mentioned in the motion as a basis ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Felon in Possession of Firearm? (in Criminal) by Martin Peterson
I am unaware of any specific interpretation of "convicted" as used in 46.04 vis-à-vis an adjudicatio......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Restitution to Victim (in Criminal) by Martin Peterson
An order under art. 42.037(a), (b)(2) becomes the personal obligation of the defendant and can be en......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: In re Allen (in Appellate) by Martin Peterson
The legislature passed the buck. But SCOTUS has accepted the responsibility, granting review in Moor......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Brady/Morton and Officer Termination (in Criminal) by Martin Peterson
You will almost certainly already have entertained everything I could say, but I will still make fou......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Speedy Appeal? (in Appellate) by Martin Peterson
While Coutta, 385 S.W.3d 641, made it pretty difficult to claim any harm from delay in disposition o......
TDCAA > TDCAA Community > Appellate

Discussion Topic  London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
Does the threat of a judgment or requirement that one reimburse the government for litigation costs ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Final Conviction (in Criminal) by Martin Peterson
Certainly seems that you can use those facts to show the "defendant has previously been finally conv......
TDCAA > TDCAA Community > Criminal

Poll  RE: Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
Very low poll participation. Guess many either lack interest or an expressible opinion. But, we may ......
TDCAA > TDCAA Community > Appellate

Poll  Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
The immediate talk was of a prolonged vacancy and 4-4 opinions. But, arguably we just end up with 5-......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI enhancements (in Criminal) by Martin Peterson
Phillips says: "The statute specifically allows a previous conviction for an offense relating to dri......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Ehrke (in Criminal) by Martin Peterson
I guess I misinterpreted the CCA ruling. The trial court has determined Ehrke is entitled to a new t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Pre-sentence Time Credit (in Criminal) by Martin Peterson
Molina finally makes crystal clear how time credit issues are to be resolved. There are always three......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Eccentric McNeely Fallout (in Appellate) by Martin Peterson
'Twas strange enough that so many states were willing to declare their implied consent statutes unco......
TDCAA > TDCAA Community > Appellate


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