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Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
588 days after submission, the CCA has now determined Curipoma as expected. Perhaps the delay result......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
To update from Sept., 2018: The number of pending cases, not yet decided, involving convictions has ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  What Was Decided in McCumber? (in Appellate) by Martin Peterson
When an appellate court decides a case without issuing a majority opinion providing a single rationa......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Caseloads Rebounding (in Appellate) by Martin Peterson
There is every sign that the total number of appeals are returning to levels not seen in several yea......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Dying Precedents (in Appellate) by Martin Peterson
The withdrawn opinion in ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Dying Precedents (in Appellate) by Martin Peterson
In Rogers v. State, 677 S.W.3d 705, a slim majority of the CCA has belatedly ordered several publish......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Binding Precedent on Transfer? (in Appellate) by Martin Peterson
The decision in the Sanchez Tristen case (No. 05-24-00217-CR) has some interesting holdings, essenti......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Meet Judge Per Curiam (in Appellate) by Martin Peterson
There is no standard for application of the rule. TRAP 47.2(a) merely states: " A majority of the ju......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: 32.45 Misapplication of Fiduciary Duty (in Criminal) by Martin Peterson
Since no one else has, I will take a stab. Although for its bookkeeping convenience the management ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Video of DIC 24 (in Criminal) by Martin Peterson
The fact of refusal is plainly admissible to support an inference of guilt. And the defense will wan......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Felony Murder Question (in Appellate) by Martin Peterson
I think this language is designed to apply where there is no conscious disregard of the risk of deat......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI Blood Draws (in Criminal) by Martin Peterson
It must also be remembered that ordering recoupment or restitution may also require the court to con......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson
Update: the current rate of growth in the money supply is in excess of 1% per month. Seems unlikely ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation records (in Criminal) by Martin Peterson
The issue under 39.14 is whether information is "privileged," not confidential. It seems there might......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: All Things Discovery (in Criminal) by Martin Peterson
Read the final outcome: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pro se Sovereign Citizen speed (in Criminal) by Martin Peterson
Such a motion could meet opposition, as "prima facie" is normally interpreted to create a rebuttable......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sex offender registration/measuring distance (in Criminal) by Martin Peterson
There may not be any preferred (or single) method of measurement. Graves, 557 S.W.3d at 868. See als......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prosecutor as Defense Witness (in Criminal) by Martin Peterson
This case may provide some useful information. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Gambling winnings during investigation (in Civil) by Martin Peterson
I am going to assume that public funds from some source were used in playing on the machines. So, wh......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: §12.45 and §25.072 (in Criminal) by Martin Peterson
What seems plain to me is that you can prove that the defendant two times engaged in conduct that co......
TDCAA > TDCAA Community > Criminal


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