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Discussion Topic  RE: Appeal Help -- Restitution Not Included in Oral Sentence (in Appellate) by Martin Peterson
It would be hard to change the ruling in Taylor, 131 S.W.3d 497. And, I agree the courts have held t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Testimonial Immunity (in Criminal) by Martin Peterson
Graham v State, 994 S.W.2d 651, 655-56 (Tex.Crim.App. 1999): "Though a procedure for the granting o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: court admonishments - waivers of counsel (in Criminal) by Martin Peterson
1.051 (f-1) prohibits communication only "with a defendant who has requested the appointment of coun......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Crawford and Protective Orders (in Criminal) by Martin Peterson
Testimony at a suppression hearing is inadmissible later for an entirely different reason (having no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Commentary on Kirk (in Appellate) by Martin Peterson
......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Commentary on Kirk (in Appellate) by Martin Peterson
Re: this week's CCA decision on the meaning of TRAP 21.8, the commentator says, "what happens if the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Core Work Product & case declined (in Criminal) by Martin Peterson
Another common ground for quashing a subpoena duces tecum is stated in Luvano v. State, 183 S.W.3d 9......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Core Work Product & case declined (in Criminal) by Martin Peterson
Under what provision was the application for subpoena requested/issued? If there was no pending crim......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Ethics opinion 646 (in Criminal) by Martin Peterson
I suppose each office will have to adopt its own understanding of the MMA. I believe, however, that ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Immunity for witness (in Criminal) by Martin Peterson
First post more than four years after registering, what have you been waiting for? ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Prospective Juror Misconduct (in Criminal) by Martin Peterson
You cannot prove a false voir dire response was made by what a juror says during deliberations. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: res judicata? (in Appellate) by Martin Peterson
Whether it falls under the head of res judicata, collateral estoppel, or law of the case, I would ju......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Can either person sell car without the other title holder's permission? (in Criminal) by Martin Peterson
Maybe the answer is found in this statutory language from the Transportation Code: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: enhancing misd. theft to SJF (in Criminal) by Martin Peterson
The problem seems to be that, given the uncertainty of the law, no defendant will agree to voluntari......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 2013-2015 Charging Manual (in Criminal) by Martin Peterson
I recently wrote this in a case where the appellant alleged that there was a failure of proof becaus......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Ford vs. Samaripas (in Criminal) by Martin Peterson
The correct result was reached in ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Measuring Penalty Phase Prejudice (in Criminal) by Martin Peterson
It appears the means of determining whether someone gets a second shot in arguing for a more lenient......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Standing Discovery Order in DWI's (in Criminal) by Martin Peterson
So-called standard or standing orders for "discovery" were improper under the former version of art.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fees relating to Grand Jury Subpoenas (in Criminal) by Martin Peterson
No taking is involved, so this a public duty cost properly imposed on the bank. But, guess who actua......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Findings and Conclusions (in Appellate) by Martin Peterson
A ruling on a pretrial motion to suppress is always interlocutory in nature. If you can convince the......
TDCAA > TDCAA Community > Appellate


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