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Discussion Topic  RE: Meet Judge Per Curiam (in Appellate) by Martin Peterson
There is no standard for application of the rule. TRAP 47.2(a) merely states: " A majority of the ju......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Citation of SCOTUS Opinions (in Appellate) by Martin Peterson
Almost no private law libraries have included bound copies of the U.S. Reports (ever). That was why ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Dying Precedents (in Appellate) by Martin Peterson
In Rogers v. State, 677 S.W.3d 705, a slim majority of the CCA has belatedly ordered several publish......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
To update from Sept., 2018: The number of pending cases, not yet decided, involving convictions has ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
The Barrett claim was not revived and the PDR in Gunter was refused. So, it provides the best guidan......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
It seems the holding in Gunter is not inconsistent with Brown because multiple stabs with the same w......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
Under ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
False alarm. All we learn for sure is that Irving’s analysis is faulty because the manner and means ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Ordinances eliminating marijuana enforcement (in Criminal) by Martin Peterson
I will share a few thoughts: The harm is that police officers are required to try to prevent crime ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Habeas Writ Granted by County Court at Law in Another County? (in Appellate) by Martin Peterson
Granting relief through habeas is almost always reserved to the courts of the county where the offen......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Habeas Writ Granted by County Court at Law in Another County? (in Appellate) by Martin Peterson
Perhaps an answer to this question is finally upcoming in State v. Curipoma, PD-0159-22. In that cas......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: 32.45 Misapplication of Fiduciary Duty (in Criminal) by Martin Peterson
Since no one else has, I will take a stab. Although for its bookkeeping convenience the management ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Video of DIC 24 (in Criminal) by Martin Peterson
The fact of refusal is plainly admissible to support an inference of guilt. And the defense will wan......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Long Opinions (in Appellate) by Martin Peterson
Another aspect of Rule 77.3 is that it may foster misuse of the court’s precious time. For example, ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Felony Murder Question (in Appellate) by Martin Peterson
I think this language is designed to apply where there is no conscious disregard of the risk of deat......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Nothing to See Here—Really? (in Appellate) by Martin Peterson
Undoubtedly, TRAP 47.2(b) allows for the publishing of, or grant of precedential value to, memorandu......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Nothing to See Here—Really? (in Appellate) by Martin Peterson
Another example of a case that qualified for publication: ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI Blood Draws (in Criminal) by Martin Peterson
It must also be remembered that ordering recoupment or restitution may also require the court to con......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson
Update: the current rate of growth in the money supply is in excess of 1% per month. Seems unlikely ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation records (in Criminal) by Martin Peterson
The issue under 39.14 is whether information is "privileged," not confidential. It seems there might......
TDCAA > TDCAA Community > Criminal


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