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Discussion Topic  RE: Long Opinions (in Appellate) by Martin Peterson
If unavailability (or unequal availability) was a motivating factor, then it has disappeared. Ther......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Long Opinions (in Appellate) by Martin Peterson
One reason for my curiosity about unpublished opinions lay in TRAP 77.3. That rule is very clear: "U......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: §12.45 and §25.072 (in Criminal) by Martin Peterson
What seems plain to me is that you can prove that the defendant two times engaged in conduct that co......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sanctions against defense attorney (in Criminal) by Martin Peterson
As one would expect, there do not appear to be any appellate court cases demonstrating the scope or ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Discovery in Habeas Proceedings (in Civil) by Martin Peterson
I presume you refer to an application for relief under art. 11.072. I do not believe this constitute......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Playing 911 call for jury (DWI case) (in Criminal) by Martin Peterson
Hearsay objections to 911 recordings have been repeatedly rejected. One recent example: "Because Woo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Subpeona for records Defense already has... (in Criminal) by Martin Peterson
Any exculpatory evidence an officer has must be produced without regard to any subpoena, and it seem......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Admitting portion of the record in same case (in Other) by Martin Peterson
It could easily be argued that this statement was not hearsay under 801(e)(2)(A) or falls within 803......
TDCAA > TDCAA Community > Other

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
As of today there were only 50 pending cases in which discretionary review had been granted. That co......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appeal of Probable Cause writ (in Appellate) by Martin Peterson
Well, I see that the appellate court held that the accused was entitled to discharge ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Appeal of Probable Cause writ (in Appellate) by Martin Peterson
It appears the appellate courts have accepted jurisdiction over such appeals. E.g., Pilkington, 494 ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: CCP 14.01 (in Criminal) by Martin Peterson
The Court of Appeals cited 14.01 as supporting the legality of an arrest made by an officer who had ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Jury Instruction on CCP 13.04 (Boundary of Counties) (in Criminal) by Martin Peterson
I rather doubt the defense will be arguing the offense occurred, but only in the adjoining county. P......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exigent Circumstances Blood Draw (in Criminal) by Martin Peterson
You may also want to consider that the CCA refused to accept review of the decision in State v. Sand......
TDCAA > TDCAA Community > Criminal

Discussion Topic  All Things Discovery (in Criminal) by Martin Peterson
Read the brief. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson
Yes, as is everyone else in the middle class. Principally this results from the devaluation of the d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: void or voidable (in Criminal) by Martin Peterson
See Levy, 818 S.W.2d 801 (no plea bargain). But, the court later held that a void probation order is......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Failure to Register as Sex Offender (CCP 62.102) Jurisdiction (in Criminal) by Martin Peterson
The duty to register is violated by failure to timely register in the county where the sex offender ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Return of firearm (in Criminal) by Martin Peterson
If you really wanted to press the issue, an argument might be made that to return the guns would ena......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Charging a POCS Case (in Criminal) by Martin Peterson
Subject to the "anti-joinder" escape valve in subsection (e), two or more "separate" deliveries coul......
TDCAA > TDCAA Community > Criminal


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