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Discussion Topic  RE: PDR? (in Appellate) by Jimbeaux
Hmm.. . Then it seems the issue turns on whether the "five years" thing is an element. And it probab......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: PDR? (in Appellate) by Jimbeaux
Unless I'm misreading it, the opinion seems to indicate the stipulation doesn't refer back to the in......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Crawford and 911 calls (in Criminal) by Jimbeaux
John S: wrt forfeiture by wrongdoing, see cases collected in: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defendant not testifying (in Criminal) by Jimbeaux
1. I don't think so. If it's not error to fail to sua sponte give such an instruction, see Brown v......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New US Suprem Court case -- Georgia v. Randolph (in Criminal) by Jimbeaux
The problem is that we've jettisoned a bright line rule for one that isn't so bright. It would be mo......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New US Suprem Court case -- Georgia v. Randolph (in Criminal) by Jimbeaux
John, it probably would have changed the analysis, but I think that makes the opinion even less defe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New US Suprem Court case -- Georgia v. Randolph (in Criminal) by Jimbeaux
While I wouldn't characterize the opinion as "offensive", I do think it odd that it is now constitut......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Dope House For Sale (in Criminal) by Jimbeaux
I would have thought this kind of thing was ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Grand jury defenses (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing the Enhanced Offense for Evading w/Motor Vehicle (in Criminal) by Jimbeaux
Well, you have a good point about referring to sec. 49.09 (which coincidentally is called "enhanced ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing the Enhanced Offense for Evading w/Motor Vehicle (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Need help! (in Criminal) by Jimbeaux
I'd forgotten that obscenity (non-selling) was also a Class A misdemeanor. Assumed it was a B, for ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Need help! (in Criminal) by Jimbeaux
How about PC 43.24 -- display of harmful material to minor (under 18)?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by Jimbeaux
In sum then, 1. The authority is controlling 2. It's probably on point 3. It's adverse to you; BUT 4......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by Jimbeaux
Well, I apologize if I misunderstood. I just took your comment about the Fourth Amendment and "justi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by Jimbeaux
......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Disclosure (in Criminal) by Jimbeaux
Well, it might depend on if it's controlling authority: "A lawyer shall not knowingly fail to discl......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Lesser included offenses (in Criminal) by Jimbeaux
On the limitations question, the answer doesn't seem to be as good (mainly because the period expire......
TDCAA > TDCAA Community > Criminal

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


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