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Lost evidence (in Criminal) by Martin Peterson Ethics Op. No. 690 (10/2020) seems to suggest obtaining a court order may be required, although it i...... TDCAA > TDCAA Community > Criminal
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Lost evidence (in Criminal) by Martin PetersonOne possibility: get a pretrial hearing set under art. 28.01 §1(8) and issue a subpoena under arts. ...... TDCAA > TDCAA Community > Criminal
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Pro se Sovereign Citizen speed (in Criminal) by Martin PetersonSuch a motion could meet opposition, as "prima facie" is normally interpreted to create a rebuttable...... TDCAA > TDCAA Community > Criminal
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Phantom Right of Appeal (in Appellate) by Martin PetersonSeghelmeble, 390 S.W.3d at 583-83 still stands. But I continue to believe there is a basis for revie...... TDCAA > TDCAA Community > Appellate
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Abandoning MRP Allegations (in Criminal) by Martin PetersonAbandoning an allegation is no longer so important after Waters, 560 S.W.3d at 661 ((concluding that...... TDCAA > TDCAA Community > Criminal
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Sex offender registration/measuring distance (in Criminal) by Martin PetersonThere may not be any preferred (or single) method of measurement. Graves, 557 S.W.3d at 868. See als...... TDCAA > TDCAA Community > Criminal
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Sex Offender Registration Requirement (in Criminal) by Martin PetersonIt does not appear that a conviction under art. 62.102 CCP is a "reportable conviction" under art. 6...... TDCAA > TDCAA Community > Criminal
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Prosecutor as Defense Witness (in Criminal) by Martin PetersonThis case may provide some useful information. ...... TDCAA > TDCAA Community > Criminal
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Gambling winnings during investigation (in Civil) by Martin PetersonI am going to assume that public funds from some source were used in playing on the machines. So, wh...... TDCAA > TDCAA Community > Civil
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Long Opinions (in Appellate) by Martin PetersonIf unavailability (or unequal availability) was a motivating factor, then it has disappeared. Ther...... TDCAA > TDCAA Community > Appellate
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Long Opinions (in Appellate) by Martin PetersonOne reason for my curiosity about unpublished opinions lay in TRAP 77.3. That rule is very clear: "U...... TDCAA > TDCAA Community > Appellate
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§12.45 and §25.072 (in Criminal) by Martin PetersonWhat 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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Sanctions against defense attorney (in Criminal) by Martin PetersonAs one would expect, there do not appear to be any appellate court cases demonstrating the scope or ...... TDCAA > TDCAA Community > Criminal
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Busy Attorneys Must Prioritize (in Appellate) by Martin PetersonIn the clerk's letter acknowledging filing of an Appellant's Brief and notifying the State's attorne...... TDCAA > TDCAA Community > Appellate
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Busy Attorneys Must Prioritize (in Appellate) by Martin PetersonRe: my post of April 7, 2017. I feel certain that what I said had no influence in what happened, bu...... TDCAA > TDCAA Community > Appellate
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Busy Attorneys Must Prioritize (in Appellate) by Martin PetersonThe time limits have finally caught up with a State's attorney as well. Not sure every court will be...... TDCAA > TDCAA Community > Appellate
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Discovery in Habeas Proceedings (in Civil) by Martin PetersonI presume you refer to an application for relief under art. 11.072. I do not believe this constitute...... TDCAA > TDCAA Community > Civil
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Playing 911 call for jury (DWI case) (in Criminal) by Martin PetersonHearsay objections to 911 recordings have been repeatedly rejected. One recent example: "Because Woo...... TDCAA > TDCAA Community > Criminal
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expert on self defense (in Criminal) by Martin PetersonOrdinarily, the defendant is the only source of evidence of his or her state of mind at the time the...... TDCAA > TDCAA Community > Criminal
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CCP 14.01 (in Criminal) by Martin PetersonThe Court of Appeals cited 14.01 as supporting the legality of an arrest made by an officer who had ...... TDCAA > TDCAA Community > Criminal | » Refine Search » New Search |
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