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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: Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin Peterson
Hard to tell why the specific intent was included, except perhaps to meet the objection that the bil......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin Peterson
The statute has some flaws. First, how could one use force to take over possession of the “protectiv......
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  Repeat Offender vs. Arbuckle (in Criminal) by Martin Peterson
Back in 2005, I drafted a possible amendment to sec. 12.42 of the Penal Code that would treat probat......
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: 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: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
Even after the decision in Lee, it remains possible to lose an immigration writ based on lack of pro......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Padilla retroactivity to be considered by Supreme Court (in Appellate) by Martin Peterson
There are several things about the decision in Jae Lee that deserve discussion, but I choose these t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: FORGERY - Charging Question (in Criminal) by Martin Peterson
Much of the answer to your questions likely depends on provisions of Chapters 3 and 4 of the UCC. Fo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Withdrawn guilty plea at sentencing (in Criminal) by Martin Peterson
Fred, I think an objection under TRE 410(b)(3)(4) would likely be sustained. The CCA has noted that ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Charging advice (in Criminal) by Martin Peterson
Maybe 38.15(a)(6)? But, subsection (d) must be taken into account. May also be impairing the verity......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Counts in DWI Child Passenger (in Criminal) by Martin Peterson
Has not your defendant already been convicted of two offenses? If so, then abandoning one charge now......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fair trial (in Criminal) by Martin Peterson
Courts have often referenced that "fundamental fairness is essential to the very concept of justice.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: joined defendants and cause numbers (in Criminal) by Martin Peterson
Do the indictments read the same (except for the defendant's name)? If so, then it seems the case sh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 17.151 State's continuance (in Criminal) by Martin Peterson
"[A]ll a prosecutor has to do to prevent release of an accused who has been unable to make bail is t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  "Appropriate action" for ethics violation (in Criminal) by Martin Peterson
The breadth of the ruling in Westview Drive Investments, LLC v. Landmark American Ins. Co., No. 14-1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense(appointed) Motion to Hire Expert (in Criminal) by Martin Peterson
The court should also be taking into account whatever information is or is not provided "with regard......
TDCAA > TDCAA Community > Criminal


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