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Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
588 days after submission, the CCA has now determined Curipoma as expected. Perhaps the delay result......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
To update from Sept., 2018: The number of pending cases, not yet decided, involving convictions has ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: CCA Catching Up (in Appellate) by Martin Peterson
As of today there were only 50 pending cases in which discretionary review had been granted. That co......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Caseloads Rebounding (in Appellate) by Martin Peterson
There is every sign that the total number of appeals are returning to levels not seen in several yea......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Meet Judge Per Curiam (in Appellate) by Martin Peterson
There is no standard for application of the rule. TRAP 47.2(a) merely states: " A majority of the ju......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: 32.45 Misapplication of Fiduciary Duty (in Criminal) by Martin Peterson
Since no one else has, I will take a stab. Although for its bookkeeping convenience the management ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Video of DIC 24 (in Criminal) by Martin Peterson
The fact of refusal is plainly admissible to support an inference of guilt. And the defense will wan......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Blood Draws (in Criminal) by Martin Peterson
It must also be remembered that ordering recoupment or restitution may also require the court to con......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson
Update: the current rate of growth in the money supply is in excess of 1% per month. Seems unlikely ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Probation records (in Criminal) by Martin Peterson
The issue under 39.14 is whether information is "privileged," not confidential. It seems there might......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: All Things Discovery (in Criminal) by Martin Peterson
Read the final outcome: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pro se Sovereign Citizen speed (in Criminal) by Martin Peterson
Such a motion could meet opposition, as "prima facie" is normally interpreted to create a rebuttable......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Prosecutor as Defense Witness (in Criminal) by Martin Peterson
This case may provide some useful information. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Gambling winnings during investigation (in Civil) by Martin Peterson
I am going to assume that public funds from some source were used in playing on the machines. So, wh......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: §12.45 and §25.072 (in Criminal) by Martin Peterson
What seems plain to me is that you can prove that the defendant two times engaged in conduct that co......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sanctions against defense attorney (in Criminal) by Martin Peterson
As one would expect, there do not appear to be any appellate court cases demonstrating the scope or ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Discovery in Habeas Proceedings (in Civil) by Martin Peterson
I presume you refer to an application for relief under art. 11.072. I do not believe this constitute......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Playing 911 call for jury (DWI case) (in Criminal) by Martin Peterson
Hearsay objections to 911 recordings have been repeatedly rejected. One recent example: "Because Woo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CCP 14.01 (in Criminal) by Martin Peterson
The Court of Appeals cited 14.01 as supporting the legality of an arrest made by an officer who had ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Jury Instruction on CCP 13.04 (Boundary of Counties) (in Criminal) by Martin Peterson
I rather doubt the defense will be arguing the offense occurred, but only in the adjoining county. P......
TDCAA > TDCAA Community > Criminal


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