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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

Poll  RE: Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
Pena-Rodriguez has further implications. ......
TDCAA > TDCAA Community > Appellate

Poll  RE: Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
The best evidence of how to answer the question, so far, probably lies in today's 5-3 opinion in Pen......
TDCAA > TDCAA Community > Appellate

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

Discussion Topic  RE: indictment after information (in Criminal) by Martin Peterson
From the John Wesley Hardin appeal: "the mere pendency of one indictment is no bar to another, even ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fair trial (in Criminal) by Martin Peterson
Courts have often referenced that "fundamental fairness is essential to the very concept of justice.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
The steam from the ears turned to a cool mist. The brief, not particularly complex (raised only suff......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: joined defendants and cause numbers (in Criminal) by Martin Peterson
Do the indictments read the same (except for the defendant's name)? If so, then it seems the case sh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 17.151 State's continuance (in Criminal) by Martin Peterson
"[A]ll a prosecutor has to do to prevent release of an accused who has been unable to make bail is t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  "Appropriate action" for ethics violation (in Criminal) by Martin Peterson
The breadth of the ruling in Westview Drive Investments, LLC v. Landmark American Ins. Co., No. 14-1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-indictment discovery (in Criminal) by Martin Peterson
The discovery request is arguably supported by this language in Judge Alcala's concurring statement ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Overly Broad Discovery Request (in Criminal) by Martin Peterson
To me, a proper response might look something like this: The right to discovery in a Texas criminal......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Ehrke (in Criminal) by Martin Peterson
Change "more than 6 years after Ehrke was arrested" to "at least 89 months after Ehrke was arrested.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense(appointed) Motion to Hire Expert (in Criminal) by Martin Peterson
The court should also be taking into account whatever information is or is not provided "with regard......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense(appointed) Motion to Hire Expert (in Criminal) by Martin Peterson
I think you will likely just have to rely on the judge's familiarity with, and application of, Jimen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Grand Jury (in Criminal) by Martin Peterson
Except for those cases where an offense occurred within the view of an officer, using a police offic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statements in affidavits (in Criminal) by Martin Peterson
Don't know if the judge compelled the bondsman-lawyer to testify or not, but if this arises again ma......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Speedy Trial (in Criminal) by Martin Peterson
Good place to start may be Cantu v. State, 253 SW 3d 273. Not sure about the significance of lack of......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: exploiting elderly PC 32.53 (in Criminal) by Martin Peterson
I would imagine conduct like this has also been prosecuted under 32.45(a)(1)(C), (b) and 32.46(a)(1)......
TDCAA > TDCAA Community > Criminal


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