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Discussion Topic  RE: Society (in Criminal) by Martin Peterson
I guess only because the Legislature irrationally chose to make it a mitigating factor. Somewhat in......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Society (in Criminal) by Martin Peterson
It is a constitutional requirement of capital sentencing schemes that they "perform a narrowing func......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Man/Del Trace amount (in Criminal) by Martin Peterson
Your situation poses the question, intent to deliver ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI Search (in Criminal) by Martin Peterson
Actually, there is a doctrine akin to inevitable discovery-which may well apply to your facts. See ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can I Re-indict? (in Criminal) by Martin Peterson
You will end up having to explain why the "greater" offense was not initially charged (i.e., somethi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Significance of "We ask that the record reflect...W id'd D" (in Criminal) by Martin Peterson
And, as proof that it is possible to win on appeal without ever having a witness identify the person......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Significance of "We ask that the record reflect...W id'd D" (in Criminal) by Martin Peterson
I have finally figured out why one would hire extra attorneys....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deadly weapon finding (in Criminal) by Martin Peterson
And then in argument you say it was joint possession no matter how you slice it?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Deadly weapon finding (in Criminal) by Martin Peterson
Not sure about the correct language for the charge, but here is the applicable law (from ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 44.01(c) Notice of Appeal (in Appellate) by Martin Peterson
The CCA remanded ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Maybe a bit more is needed (in Criminal) by Martin Peterson
Gretchen, apparently it was a very important decision in the mind of the court. They determined to ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Forgery (in Criminal) by Martin Peterson
It should be alleged that the writing purports to be an issue of money. If it were required that th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can greater "lesser included" be presented in the charge if not in indictment? (in Criminal) by Martin Peterson
If "element" 3 had been alleged in the indictment, even though it is not an element of injury to a c......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: My reporter's record is in the pen...and won't come home (in Appellate) by Martin Peterson
It would seem to me that the document in question is a governmental record and that your defendant i......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Defense Tactic Backfires (in Criminal) by Martin Peterson
Defense attorneys come up with neat tricks, but it appears this one should not have been tried. C......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Constitutional County Court (in Criminal) by Martin Peterson
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Value Ladders (in Criminal) by Martin Peterson
Short of some sort of fraud/embezzlement, don't most thefts involve less than $20,000? Is the propo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: What's your open file policy, if any??? (in Criminal) by Martin Peterson
The true key to the success of an open file policy is having the support of your judge. The threat ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Today's Mandamus Opinion, DeJean v. District Clerk (in Appellate) by Martin Peterson
The answer to all those mandamus petitions is for the clerks to recognize that "failure of the court......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Today's Mandamus Opinion, DeJean v. District Clerk (in Appellate) by Martin Peterson
The court obviously errs in equating the date of receipt of the writ by the State's attorney with th......
TDCAA > TDCAA Community > Appellate


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