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Discussion Topic  RE: Statements in affidavits (in Criminal) by Martin Peterson
Don't know if the judge compelled the bondsman-lawyer to testify or not, but if this arises again ma......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense(appointed) Motion to Hire Expert (in Criminal) by Martin Peterson
I think you will likely just have to rely on the judge's familiarity with, and application of, Jimen......
TDCAA > TDCAA Community > Criminal

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  RE: HGN (in Criminal) by Martin Peterson
Not sure exactly what other factors you are taking into account, but these statements from a recogni......
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: Brady/Morton and Officer Termination (in Criminal) by Martin Peterson
You will almost certainly already have entertained everything I could say, but I will still make fou......
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

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  Pre-sentence Time Credit (in Criminal) by Martin Peterson
Molina finally makes crystal clear how time credit issues are to be resolved. There are always three......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Belated Habeas Relief (in Appellate) by Martin Peterson
Pursuant to a plea bargain, Tracy Gibson pleaded guilty to same transaction aggravated robbery, poss......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Wachtendorf (in Appellate) by Martin Peterson
And judges do not always put the correct dates of signing on an order/judgment. Indeed, sometimes th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Wachtendorf (in Appellate) by Martin Peterson
The CCA suggests that, essentially as a matter of course, in order to protect its prospective right ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Defusing Interaction between Citizens and the Police (in Criminal) by Martin Peterson
Everyone should be reading Justice Yeary's concurring opinion in Faust/Marroquin. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Justification for Threat (in Criminal) by Martin Peterson
Apparently imminent harm does come about when your opponent produces his handgun and points it at yo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Just the Facts (in Criminal) by Martin Peterson
This clarification from Barnaby is an improvement: "the materiality of [bad information in prosecuti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Theft? (in Criminal) by Martin Peterson
After acquiring the property, the seller pretty clearly disposed of it in a manner that made recover......
TDCAA > TDCAA Community > Criminal


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