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Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The Supreme Court of Minnesota observed that its statutory exclusionary rule, Minn. Stat. § 626.21, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
My comments of February 14 must now be supplemented. The question arises whether Texas should seek r......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Another reason the CCA should rule in Cole (PD-0077-15) that blood-draw evidence obtained before Apr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
One of the biggest problems with McNeely is that it encourages litigation over the existence of exig......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
It now appears almost any use of an implied consent warning will lead to exclusion of blood evidence......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The Texas legislature was serious in undertaking to provide for circumstances under which it believe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Eccentric McNeely Fallout (in Appellate) by Martin Peterson
'Twas strange enough that so many states were willing to declare their implied consent statutes unco......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Miller v Alabama (in Criminal) by Martin Peterson
This part of Montgomery seems to approve of the holding by the CCA that an individualized sentencin......
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: R.I.P. Transportation Code 724.012(b) (in Criminal) by Martin Peterson
Key to the final outcome: Judge Meyers does a complete flip-flop and Judge Newell writes an even mor......
TDCAA > TDCAA Community > Criminal

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  RE: discovery & probation records (in Criminal) by Martin Peterson
About the most we know about required disclosure is whatever you can derive from the language of the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: discovery & probation records (in Criminal) by Martin Peterson
There is an argument that art. 39.14 does mandate disclosure in this situation. Subsection (h) refer......
TDCAA > TDCAA Community > Criminal

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  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  Just the Facts (in Criminal) by Martin Peterson
Almost all criminal cases are resolved by guilty pleas. There is no expectation of finality in these......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: State Appeal of 11.072 Writ (in Appellate) by Martin Peterson
I am not understanding this use of 11.072. It provides: "the application must challenge the legal va......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Response to Anders Brief (in Juvenile Law) by Martin Peterson
Technically, there is never a requirement that the appellee file a brief. The case is actually going......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Padilla Issue on a Pro se Misdemeanor Defendant (in Appellate) by Martin Peterson
I am going to guess that your case involves advice provided subsequent to the decision in Padilla. I......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Grand Jury No Bill (in Criminal) by Martin Peterson
Of course, you are pretty much in control of whether the charge gets presented to a second grand jur......
TDCAA > TDCAA Community > Criminal


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