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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: Ehrke (in Criminal) by Martin Peterson
Not really a full re-trial after all. Ehrke entered a plea of guilty on May 19. Guess the retesting ......
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Discussion Topic  RE: Withdrawn guilty plea at sentencing (in Criminal) by Martin Peterson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: 46.05 Prohibited Weapon (in Criminal) by Martin Peterson
While the statute was amended this session, no attempt to clarify or rectify this issue. Maybe the f......
TDCAA > TDCAA Community > Criminal

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

Discussion Topic  Resolution of Misdemeanors (in Criminal) by Martin Peterson
I believe that persons being held on misdemeanor charges are quite often willing to enter guilty ple......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Making Traffic Lawyers Pay their Surety Bonds (in Criminal) by Martin Peterson
You will also want to make certain the appropriate officials are notified that the attorney is "disq......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: indictment after information (in Criminal) by Martin Peterson
From the John Wesley Hardin appeal: "the mere pendency of one indictment is no bar to another, even ......
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: Overly Broad Discovery Request (in Criminal) by Martin Peterson
To me, a proper response might look something like this: The right to discovery in a Texas criminal......
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

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: HELP! 481.103(d) and tetrahydocannabinol (in Criminal) by Martin Peterson
If the substance can be proved to be dronabinol, then maybe the defense can be proven. Otherwise, th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Revoke Probation Stipulation Subsequent Prosecution (in Criminal) by Martin Peterson
You would not be trying to prove he was on probation for the other offense or his character, only hi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Revoke Probation Stipulation Subsequent Prosecution (in Criminal) by Martin Peterson
Check for cases involving "judicial admissions." See also art. 38.22, sec. 5. I am not understanding......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Eccentric McNeely Fallout (in Appellate) by Martin Peterson
I have now analyzed in greater depth the topsy-turvy, slow-motion world created by McNeely (particul......
TDCAA > TDCAA Community > Appellate


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