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Discussion Topic  RE: Suppression hearing statute (in Criminal) by Martin Peterson
In support of what I said: "in a pre-trial motion to suppress hearing, a trial court may rely upon ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Suppression hearing statute (in Criminal) by Martin Peterson
My immediate impression is that the statute says "may determine," not "must determine." "Only" is al......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Commentary on Kirk (in Appellate) by Martin Peterson
Since the opinion is not published, ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Commentary on Kirk (in Appellate) by Martin Peterson
The meaning of rule 21.3(h) may be clarified by the decision in ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Commentary on Kirk (in Appellate) by Martin Peterson
......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Commentary on Kirk (in Appellate) by Martin Peterson
Re: this week's CCA decision on the meaning of TRAP 21.8, the commentator says, "what happens if the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Ehrke (in Criminal) by Martin Peterson
This is a useful opinion about the true meaning of Ake and appointment of experts and independent dr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Former prosecutors - interested in amicus brief? (in Civil) by Martin Peterson
Although practical considerations can come into play, it seems quite likely that the order of the CC......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: NCIC Copies to Defense (in Criminal) by Martin Peterson
Of course, a petition for writ of mandamus may not provide any relief either. See ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: NCIC Copies to Defense (in Criminal) by Martin Peterson
Why not contact them for the answer? As an alternative, you might assume that the exclusive means o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Confession Issue (in Criminal) by Martin Peterson
I am guessing that the judge agreed that there was probable cause for the arrest. It would seem to m......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prosecutor as a Witness??? (in Criminal) by Martin Peterson
While not directly applicable, because you are not the attorney of record in the fee dispute case, 2......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Testimonial Statements and Lack of Confrontation (in Criminal) by Martin Peterson
Anyone relying on outcry statements as proof of child abuse may want to be familiar with the oral ar......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Question on Passenger Standing if the driver has warrants (in Criminal) by Martin Peterson
Be sure to clarify whether the challenge is to the temporary detention (traffic stop), or a search a......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appeal Help -- Restitution Not Included in Oral Sentence (in Appellate) by Martin Peterson
It would be hard to change the ruling in Taylor, 131 S.W.3d 497. And, I agree the courts have held t......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Testimonial Immunity (in Criminal) by Martin Peterson
Graham v State, 994 S.W.2d 651, 655-56 (Tex.Crim.App. 1999): "Though a procedure for the granting o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: court admonishments - waivers of counsel (in Criminal) by Martin Peterson
1.051 (f-1) prohibits communication only "with a defendant who has requested the appointment of coun......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Crawford and Protective Orders (in Criminal) by Martin Peterson
Testimony at a suppression hearing is inadmissible later for an entirely different reason (having no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Core Work Product & case declined (in Criminal) by Martin Peterson
Another common ground for quashing a subpoena duces tecum is stated in Luvano v. State, 183 S.W.3d 9......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Core Work Product & case declined (in Criminal) by Martin Peterson
Under what provision was the application for subpoena requested/issued? If there was no pending crim......
TDCAA > TDCAA Community > Criminal


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