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Discussion Topic  RE: Lesser included offenses (in Criminal) by Jimbeaux
"In a bench trial, the prosecution is not required to submit a lesser included offense charge to the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Meth Baby-Prosecution of Mother (in Criminal) by Jimbeaux
I think it's more than a practical problem. If a dirty UA is all you have, it's difficult to prove "......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: RE: circumvent DA rule (in Criminal) by Jimbeaux
Well, if the prosecutor does not want to go forward with a case (that's already under indictment), h......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Vienna Convention ? (in Criminal) by Jimbeaux
Ben, I don't think that even the Supremacy Clause would allow a treaty to trump the Constitution its......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Does a person sending mail to prison have reas. expect. of privacy? (in Criminal) by Jimbeaux
Since this discussion is morphing into a 4th amendment doohicky, consider: "When the postal servic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Ever heard of a wenis? (in Criminal) by Jimbeaux
Well, it's not that new. I seem to recall Butthead calling Beavis a wenis about ten years ago....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: CCA procedures (in Appellate) by Jimbeaux
......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Sandlot (in Criminal) by Jimbeaux
I was always under the impression that, perhaps counterintuitively, a ball or bat signed by several ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Mental Retardation update (in Criminal) by Jimbeaux
m'kaaaay. . ....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Breath Test Refusal Jury Instruction (in Criminal) by Jimbeaux
How about Smith v. State, 8 S.W.3d 450, 451 (Waco 1999, no pet.)?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing a state jail felony. (in Criminal) by Jimbeaux
Re Morgan: Well, I had hope....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing a state jail felony. (in Criminal) by Jimbeaux
John R., I agree that Calton and Ford distinguish their situations from chapter 12 enhancements. I ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing a state jail felony. (in Criminal) by Jimbeaux
"Prior convictions are included in the guilt stage of a trial only when necessary to establish that ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Magistrate Advising/Invoking Right to Counsel (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Magistrate Advising/Invoking Right to Counsel (in Criminal) by Jimbeaux
The Sixth Amendment attaches at arraignment. And you have a 6th amd right to counsel at postarraign......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Kitchens and enhancements (in Criminal) by Jimbeaux
Kinda the same. This one has two separate habitual offender notices. But the defendant pled not true......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Kitchens and enhancements (in Criminal) by Jimbeaux
And after I posted, it occurred to me that a defendant probably has a right to a separate unanimous ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Kitchens and enhancements (in Criminal) by Jimbeaux
If the State alleges two habitual offender notices, is a unanimous verdict required for each (one) i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: theft enhancements under penal 31.03 (in Criminal) by Jimbeaux
The reasoning in Throneberry II was that the prior conviction was actually an "element" of felony ev......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: theft enhancements under penal 31.03 (in Criminal) by Jimbeaux
The reasoning in Throneberry II was that the prior conviction was actually an "element" of felony ev......
TDCAA > TDCAA Community > Criminal


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