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Discussion Topic  RE: WL Drafting Assistant (in Appellate) by D.Merritt
I used the link adding feature for a brief filed last week. The main issues I had with it were (1) ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Passenger (in Criminal) by D.Merritt
You can probably make an argument based on the smell. Garcia v. State, 2013 WL 3326027, at *2 (Tex.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using Prior Testimony of Defendant if he doesn't testify? (in Criminal) by D.Merritt
If he does testify at trial, you should be able to use his suppression testimony for impeachment -- ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  CCP 57.03 -- disclosure of victim where a pseudonym has been used (in Civil) by D.Merritt
Anyone have an idea how the prohibition on disclosing the identity of a victim who has chosen to use......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Drug Dog Question (in Criminal) by D.Merritt
Here's an interestingly link that suggests the handler is a weaker link than the dog. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using signatures as evidence of intoxication (in Criminal) by D.Merritt
Here's an out-of-state case that pretty much says what you want Observations of signs of intoxicati......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: US v. Jones v. Confidential Informants (in Criminal) by D.Merritt
A court should reject the complaint on the basis of consent for the entry. Cases you might look at ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Good Faith applicable? (in Criminal) by D.Merritt
For the Fourth Amend issue you can look at Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Production of Defendant's Personal Written Statement (in Criminal) by D.Merritt
Rule 615(a) says that you can't use Rule 615 when the defendant is the witness....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: e-filing at Suprem Court (in Appellate) by D.Merritt
After 9/12 it looks like we'll have no choice but to pay for one of these services. What I hate the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Reasonable Suspicion Based on Personal Knowledge (in Criminal) by D.Merritt
Here are some cases that might be worth looking at: State v. Spillner, 173 P.3d 498, 509-10 (Hawai......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Inevitable discovery (in Criminal) by D.Merritt
I think the discovery of the warrant has to precede the search. State v. Maland, 140 Idaho 817, 1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: search of cell phone incident to arrest (in Criminal) by D.Merritt
The California Supreme Court ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: blood draw by a police phlebotomist (in Criminal) by D.Merritt
Similar issue is before the cca in State v. Johnston, 305 S.W.3d 746 (Tex.App.-Fort Worth 2009, pet.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Pre-trials and Confrontation Clause objections (in Criminal) by D.Merritt
Ford v. State, 305 S.W.3d 530 (Tex.Crim.App. 2009) at least implies that confrontation doesn't apply......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Turn OFF the Phone (in Criminal) by D.Merritt
New study ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Claiming Privilege (in Criminal) by D.Merritt
You can ask to do the direct and cross first in voir dire and if the witness refuses to submit to cr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI on bicycle? (in Criminal) by D.Merritt
I don't see the relevance of the Transportation Code. The Penal Code definition of "motor vehicle,"......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Exclusionary Rule for Juveniles (in Juvenile Law) by D.Merritt
When I ran 54.03(e) on westlaw about 40 juvenile cases came up....
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Witness and 404(b) (in Criminal) by D.Merritt
Regarding the apparently deleted post about attempting to blame a third party via an extraneous offe......
TDCAA > TDCAA Community > Criminal


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