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Discussion Topic  RE: 2013-2015 Charging Manual (in Criminal) by Martin Peterson
I recently wrote this in a case where the appellant alleged that there was a failure of proof becaus......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Ford vs. Samaripas (in Criminal) by Martin Peterson
The correct result was reached in ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Measuring Penalty Phase Prejudice (in Criminal) by Martin Peterson
It appears the means of determining whether someone gets a second shot in arguing for a more lenient......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Standing Discovery Order in DWI's (in Criminal) by Martin Peterson
So-called standard or standing orders for "discovery" were improper under the former version of art.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fees relating to Grand Jury Subpoenas (in Criminal) by Martin Peterson
No taking is involved, so this a public duty cost properly imposed on the bank. But, guess who actua......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Findings and Conclusions (in Appellate) by Martin Peterson
A ruling on a pretrial motion to suppress is always interlocutory in nature. If you can convince the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: TS discovery question (in Criminal) by Martin Peterson
I am going to say there are arguments available to oppose the "weight of authority" Jon referred to.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 39.14 Waivers, anyone? (in Criminal) by Martin Peterson
I am unclear on what is being waived. If there has been no request made under 39.14, then there is n......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 2 party checks (in Criminal) by Martin Peterson
Because the endorser is likely obligated to pay the check to the transferee under sec. 3.415(a) of t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: new trial on punishment to delete attorney's fees (in Appellate) by Martin Peterson
IMO: Rule 21 does not provide a remedy for this type of error. There is no 75 day deadline involved,......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Judge orders transcription (in Criminal) by Martin Peterson
Since a written transcript of the recorded oral statements is not part of the predicate listed in Ru......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Jury Charge (in Criminal) by Martin Peterson
That is certainly a correct statement of the law. E.g., Lee, 206 S.W.3d at 623. But, I would be hesi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Limitations period for stalking (in Criminal) by Martin Peterson
If a statute requires a continuing course of conduct, then the crime is not complete (chargeable) un......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attorney No-Shows (in Criminal) by Martin Peterson
We have all dealt with interesting grounds for continuances, but your problem does seem to go beyond......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consent survives (in Criminal) by Martin Peterson
I just do not see how anyone can read more into a GVR than is already apparent from the opinion gene......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Michael Morton Act and Confidential Informants (in Criminal) by Martin Peterson
I am going to suggest that if the court makes a finding that there is no reasonable probability that......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Bail Jumping Does Not Continue (in Criminal) by Martin Peterson
Ojiaku leaves a bad taste in my mouth. Art. 17.09 sec. 1 CCP requires reappearance "for any and all ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are you crazy? (in Appellate) by Martin Peterson
Seems to at least mean the defendant does not have a right to an unfair trial on an issue on which h......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Another way to obtain cell records? Thoughts? (in Criminal) by Martin Peterson
Has anyone made use of art. 18.21, sec. 4(b)(5) and sec. 5(a) yet? If you have a sample court order ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Response to Summary Judgment (in Civil) by Martin Peterson
I am having a hard time envisioning how one proves that something was not contraband as a matter of ......
TDCAA > TDCAA Community > Civil


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