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Discussion Topic  RE: Murder as Lesser Included to Capital (in Criminal) by D.Merritt
I think you're right that Feldman is not on point. However, I guess that sec. 19.02(b)(2) is, in th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Murder as Lesser Included to Capital (in Criminal) by D.Merritt
Feldman v. State, 71 S.W.3d 738, 752-53 (Tex. Crim. App. 2002) (where state pleads two theories of c......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: How to Respond to Defendant's "Petition for Nondisclosure Of Criminal History Record Information" (in Criminal) by D.Merritt
Here's a case where somebody filed one of these things. McLendon v. State,2004 WL 1746142 (Tex.App.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resisting Arrest help ASAP (in Criminal) by D.Merritt
Cail v. State, 2003 WL 21357288, at *2 (Tex.App.-Houston [1st Dist.] June 12, 2003, no pet.) (not de......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Third Party Consent - Sort of...? (in Criminal) by D.Merritt
A dog sniff is not a search. See United States v. Place, 462 U.S. 696, 707 (1983); Crockett v. Stat......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by D.Merritt
Vicknair is a court of criminal appeals case. Vicknair v. State, 751 S.W.2d 180 (Tex. Crim. App. 1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  DWI struggles in other states (in Criminal) by D.Merritt
Somehow comforting to see other states struggle with DWI laws -- even if their legislatures are ahe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search and seizure; fruit of the poisonous tree (in Criminal) by D.Merritt
You ask hard questions. First keep in mind that whether this is a Fourth Amendment violation is no......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Double Jeopardy question (in Criminal) by D.Merritt
not sure I understand your question; it is well settled that a defendant cannot be convicted of both......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CPS dismissal date extensions (in Civil) by D.Merritt
I couldn't find anything in the bill about the effective date of the changes to 263.401. I just fou......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Right to Appointed Counsel (in Criminal) by D.Merritt
42 TEX PRAC § 24.52a...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DIC-24 (in Juvenile Law) by D.Merritt
52.02(d) (d) Notwithstanding Section 51.09(a), a child taken into custody as provided by Subsection......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Question on Burglary Indictment (in Criminal) by D.Merritt
Might look at Francis v. State, 36 S.W.3d 121, 126 (Tex. Crim. App. 2000) (Womack, J., concurring) ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: RE: circumvent DA rule (in Criminal) by D.Merritt
Martin: I have no desire to offer legal advice to a member of the public, but I don't think I agree ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Immigration arrest authority (in Criminal) by D.Merritt
I believe that a first illegal entry is a misdemeanor and a second offense is a felony. 8 U.S.C.A. &......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: deadly weapon finding (in Criminal) by D.Merritt
This seems to be one: "Here, the indictment specifically alleged the use of a "deadly weapon," and ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: I feel so break up, I wanna go home (in Criminal) by D.Merritt
I think the current treaty is Convention on the Transfer of Sentenced Persons, Mar. 21, 1983, art.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Parental Terminations law change (in Juvenile Law) by D.Merritt
Anyone who handles parental terminations should look at the new provison, 263.405(i), that was signe......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Evidence question (in Criminal) by D.Merritt
I think the rule to look at is 806. Several cases have approved attacking the credibiliy of a defen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Bills restricting grounds for revocation and length of probation (in Criminal) by D.Merritt
I came across this blog on the Legislature ......
TDCAA > TDCAA Community > Criminal


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