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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

Discussion Topic  RE: Long Opinions (in Appellate) by Martin Peterson
Sorry. ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Long Opinions (in Appellate) by Martin Peterson
We most often associate really long opinions with SCOTUS. But, they occasionally appear in the publi......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI Enhancement (in Criminal) by Martin Peterson
A judicial declaration of a prior conviction sufficiently proves the existence of the prior convicti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Abuse of Writ (in Appellate) by Martin Peterson
Perhaps like some of you, I have from time to time pondered who held the record for filing the most ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Forgotten Part of the Speedy Trial Act (in Criminal) by Martin Peterson
Normally, in order to get the benefit of the right to a speedy trial the defendant must object to th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
Perhaps part of the answer is found in Martinez, which clarifies that the open courts provision does......
TDCAA > TDCAA Community > Appellate

Discussion Topic  London, Pay Me Now or Pay Me Later (When You Can) (in Appellate) by Martin Peterson
Does the threat of a judgment or requirement that one reimburse the government for litigation costs ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Eccentric McNeely Fallout (in Appellate) by Martin Peterson
I have now analyzed in greater depth the topsy-turvy, slow-motion world created by McNeely (particul......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Motion to Reconsider Sentence on MTR?? (in Criminal) by Martin Peterson
Motions to reconsider are often filed where a motion for new trial is not available. The court prob......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: One more admonishment? (in Criminal) by Martin Peterson
Presumably Padilla admonishments/considerations are going pretty well. Bradley's comment about incre......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lack of thumbprint on judgment (in Criminal) by Martin Peterson
A great many, perhaps even a majority of, judgments are signed or entered without fully complying wi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation terms (in Criminal) by Martin Peterson
The mere filing of a motion to revoke does not, of course, act to revoke or suspend the court's orde......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Felon in Possession of Firearm? (in Criminal) by Martin Peterson
I am unaware of any specific interpretation of "convicted" as used in 46.04 vis-à-vis an adjudicatio......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Restitution to Victim (in Criminal) by Martin Peterson
An order under art. 42.037(a), (b)(2) becomes the personal obligation of the defendant and can be en......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Final Conviction (in Criminal) by Martin Peterson
Certainly seems that you can use those facts to show the "defendant has previously been finally conv......
TDCAA > TDCAA Community > Criminal

Poll  RE: Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
Very low poll participation. Guess many either lack interest or an expressible opinion. But, we may ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI enhancements (in Criminal) by Martin Peterson
Phillips says: "The statute specifically allows a previous conviction for an offense relating to dri......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Ehrke (in Criminal) by Martin Peterson
I guess I misinterpreted the CCA ruling. The trial court has determined Ehrke is entitled to a new t......
TDCAA > TDCAA Community > Criminal


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