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Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The varied applications of McNeely have truly been something to behold: herky-jerky, about-face, and......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The next case to watch is ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The Supreme Court of South Dakota has declared its implied consent statute unconstitutional because ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
For whatever can be divined, the SCOTUS denied the pet. for cert. in Lynch (see above). Sadly, the f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Several courts of appeals have read significance into the fact that in mid-January, SCOTUS remanded ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Along the lines of ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Well, the motion for rehearing en banc has been granted in Douds and the opinion in Reeder has now b......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
I would have to say that any hope for a quick, definitive answer from a Texas appellate court has be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Another Texas court chimes in: "McNeely clarified exigency; it did not invalidate Texas' implied con......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Recognizing McNeely for what it is and what it isn't is the key. Another appellate court weighs in:......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Watch for a decision in the Henry case. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
Looks like the decision in Nolley, PD-0999-13, in which the PDR was granted on October 23, will effe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Efiling differences in courts of appeals (in Appellate) by Martin Peterson
Efiling has brought us one wonderful reward from the CCA. Starting June 30, copies of PDRs that are ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Enhancements (in Criminal) by Martin Peterson
But, watch for the CCA opinion in Samaripas, PD-0135-13, as it may shed more light on the difference......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
The interest of the state in the validity and finality of the plea is no different under 42.12, sec.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Fred: Here is the language that was added to our model response: As of March 20, 2013, it is now cl......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Theft vs Missing property (in Criminal) by Martin Peterson
Either of these scenarios might involve a mistake of fact defense. Case 2 would be a harder sell, un......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Turn OFF the Phone (in Criminal) by Martin Peterson
Effective Wednesday, Illinois law will provide: "(b) A person may not operate a motor vehicle on a r......
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: Criminal (in Criminal) by Martin Peterson
Short answer: If no tolling involved, such offenses occurring on or before Sept. 1, 1982 became barr......
TDCAA > TDCAA Community > Criminal


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