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Discussion Topic  RE: DWI enhancements (in Criminal) by Martin Peterson
Phillips says: "The statute specifically allows a previous conviction for an offense relating to dri......
TDCAA > TDCAA Community > Criminal

Poll  Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
The immediate talk was of a prolonged vacancy and 4-4 opinions. But, arguably we just end up with 5-......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Pre-sentence Time Credit (in Criminal) by Martin Peterson
Molina finally makes crystal clear how time credit issues are to be resolved. There are always three......
TDCAA > TDCAA Community > Criminal

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  RE: Wachtendorf (in Appellate) by Martin Peterson
And judges do not always put the correct dates of signing on an order/judgment. Indeed, sometimes th......
TDCAA > TDCAA Community > Appellate

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  RE: Just the Facts (in Criminal) by Martin Peterson
This clarification from Barnaby is an improvement: "the materiality of [bad information in prosecuti......
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: Commentary on Kirk (in Appellate) by Martin Peterson
I have now felt the need to clarify my comments about the decision in ......
TDCAA > TDCAA Community > Appellate

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

Discussion Topic  RE: Heat of passion expert (in Criminal) by Martin Peterson
So, there is someone who claims that by knowledge, skill, experience, training, or education that he......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Conflict of Interest - Grievance filed by Defendant (in Criminal) by Martin Peterson
It is unclear to me whether you are more concerned about when the case goes to trial or who will be ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search Warrants (in Criminal) by Martin Peterson
Photographing of a scar seems very similar to rolling a fingerprint to me, so I am not sure any righ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: C.C.A. handdown list for this week (in Appellate) by Martin Peterson
Same thing occurred in 2009. Maybe the flooding in the area?...
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: 5th Amendment (in Criminal) by Martin Peterson
Without doubt, "through the exercise of his option to terminate questioning[, the suspect] can contr......
TDCAA > TDCAA Community > Criminal

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: 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: 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


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