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Discussion Topic  RE: 46.05 Prohibited Weapon (in Criminal) by Martin Peterson
It seems to me that the same thing could be said about how marihuana is defined in the Controlled Su......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 46.05 Prohibited Weapon (in Criminal) by Martin Peterson
Are you treating the "unless registered" clause as an exception? If so, I would question that conclu......
TDCAA > TDCAA Community > Criminal

Poll  RE: Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
Pena-Rodriguez has further implications. ......
TDCAA > TDCAA Community > Appellate

Poll  RE: Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
The best evidence of how to answer the question, so far, probably lies in today's 5-3 opinion in Pen......
TDCAA > TDCAA Community > Appellate

Poll  RE: Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
Very low poll participation. Guess many either lack interest or an expressible opinion. But, we may ......
TDCAA > TDCAA Community > Appellate

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: Ehrke (in Criminal) by Martin Peterson
Change "more than 6 years after Ehrke was arrested" to "at least 89 months after Ehrke was arrested.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Ehrke (in Criminal) by Martin Peterson
I guess I misinterpreted the CCA ruling. The trial court has determined Ehrke is entitled to a new t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Grand Jury (in Criminal) by Martin Peterson
Except for those cases where an offense occurred within the view of an officer, using a police offic......
TDCAA > TDCAA Community > Criminal

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: Speedy Trial (in Criminal) by Martin Peterson
Good place to start may be Cantu v. State, 253 SW 3d 273. Not sure about the significance of lack of......
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  Abuse of Writ (in Appellate) by Martin Peterson
Perhaps like some of you, I have from time to time pondered who held the record for filing the most ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Forgotten Part of the Speedy Trial Act (in Criminal) by Martin Peterson
Normally, in order to get the benefit of the right to a speedy trial the defendant must object to th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Reconsider Sentence on MTR?? (in Criminal) by Martin Peterson
Motions to reconsider are often filed where a motion for new trial is not available. The court prob......
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: 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: 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


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