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Discussion Topic  New CCA Clerk (in Appellate) by Martin Peterson
Abel Acosta is now the Clerk of the Court of Criminal Appeals....
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Theft by Check???? (in Criminal) by Martin Peterson
My new conclusion is that there was no theft. The $1300 was a gift (as there was no new detriment or......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Theft by Check???? (in Criminal) by Martin Peterson
I have to admit it seems utterly strange that the victim of a theft would pay someone to again obtai......
TDCAA > TDCAA Community > Criminal

Discussion Topic  State v. Cashion (in Appellate) by Martin Peterson
Certainly I have no quarrel with the commentator's observation in the "Weekly Case Summaries" that, ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Phantom Right of Appeal (in Appellate) by Martin Peterson
One has to wonder why the State is given the right to "cross-appeal" from a trial court error if (to......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Motion for reconsideration of dismissal (in Criminal) by Martin Peterson
Of course, the court would have no authority to dismiss the case with prejudice to begin with. The o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Padilla, Tanklevskaya and 11.072 (in Appellate) by Martin Peterson
The model brief I currently use is attached. You may also want to read the brief filed by the Solici......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: New Evidence Motion for New Trial---time?? (in Criminal) by Martin Peterson
There is no reason to think that the time limitations prescribed by TRAP 21.4 and 21.8(a) do not app......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Discovery under 39.14 as relates to inspection of firearm (in Criminal) by Martin Peterson
"To produce" has now been interpreted to require the state to duplicate a video. But, while the stat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Criminal Dismissal Dockets (in Criminal) by Martin Peterson
The term means something in the civil law, where cases are dismissed for want of prosecution. But, i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Post Conviction Writ (Misdemeanor Conviction) (in Criminal) by Martin Peterson
I presume the issue is coming before the district court in the form of a motion to quash part of the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: An appropriate opinion footnote????? (in Appellate) by Martin Peterson
Presumably the footnote referenced a fact outside the record, and therefore maybe not so appropriate......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Order After Mandate On A Stacked Case (in Criminal) by Martin Peterson
Pursuant to article 42.08 of the Code of Criminal Procedure, it is ordered that the period of commun......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Absent Defendant (in Criminal) by Martin Peterson
Guess he just forgot a trial was going on. I take it there was no valid prescription....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Absent Defendant (in Criminal) by Martin Peterson
So, can you share what actually occurred in your case? Did the trial proceed?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Absent Defendant (in Criminal) by Martin Peterson
Thoughts off the top of my head: Presumably a known photo of the defendant (e.g. at time of arrest) ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Correct Advice About GP Consequences (in Criminal) by Martin Peterson
Welcome to the world after Moussazadeh: "The constitutionally appropriate level of reasonableness i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deadly Weapon (in Criminal) by Martin Peterson
I also think the bullet-proof vest analogy is a good one. Does a gun become non-deadly weapon becaus......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Superceding indictment? (in Criminal) by Martin Peterson
While not called a superceding indictment, the practice of filing a second indictment in the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  CCA Catching Up (in Appellate) by Martin Peterson
The CCA is accepting fewer cases for discretionary review. This has helped it become as current on i......
TDCAA > TDCAA Community > Appellate


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