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![]() No. Public intoxication is not a lesser included of DWI. The elements they share don't amount to an ...... TDCAA > TDCAA Community > Criminal ![]() No, you're correct. As soon as I posted that I thought "that's just not right. I'm missing something...... TDCAA > TDCAA Community > Criminal ![]() Actually... now that I look at this again, this decision was before the language specifically mentio...... TDCAA > TDCAA Community > Criminal ![]() The 5th in Dallas says "no." See Pannell v. State, 7 S.W.3d 222 (Tex. App. -- Dallas, 1999).... TDCAA > TDCAA Community > Criminal ![]() I'm here all week. Tip your waitresses! ...... TDCAA > TDCAA Community > Criminal ![]() That was under the old statute, where a judge could order it. The language was changed last session....... TDCAA > TDCAA Community > Criminal ![]() This actually happened to me just a few weeks ago and I found nothing in case law to save me. I had ...... TDCAA > TDCAA Community > Criminal ![]() The 20-day rule in statute is only for expert witnesses, and your dispatcher isn't an expert, so you...... TDCAA > TDCAA Community > Criminal ![]() There has long been a legend in our office that a prosecutor cannot tell the jury what the State exp...... TDCAA > TDCAA Community > Criminal ![]() Awesome! His footnotes are a virtual voir dire case law library.... TDCAA > TDCAA Community > Criminal ![]() ...... TDCAA > TDCAA Community > Criminal ![]() Here's the tricky thing about that FV finding: it's not an element unless you're trying to enhance w...... TDCAA > TDCAA Community > Criminal ![]() On the one hand, there is a process in the Morton Act by which you can redact/ withhold things you b...... TDCAA > TDCAA Community > Criminal ![]() ...... TDCAA > TDCAA Community > Criminal ![]() My question is under what theory can the judge determine the witness isn't credible?... TDCAA > TDCAA Community > Criminal ![]() I think the short answer is that, yes, you need to at least have a judge do an in-camera inspection ...... TDCAA > TDCAA Community > Criminal ![]() ...... TDCAA > TDCAA Community > Criminal ![]() My next thought on this is that if your police agency is paying a nurse to do forensic exams as part...... TDCAA > TDCAA Community > Criminal ![]() Let's start with this caveat: this could go on and on and on and on and on with some pretty nuanced ...... TDCAA > TDCAA Community > Criminal ![]() Check out PC 7.02(a)(2) and see if you think that fits the description of what the girlfriend did.... TDCAA > TDCAA Community > Criminal | » Refine Search » New Search |
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