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Discussion Topic  RE: expert testimony for lasers? (in Appellate) by david curl
First, I think that you can argue that the laser does not have to be shown to be accurate to justify......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Question from DWI Summit (in Criminal) by david curl
You might look at the DOT report. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Self Defense & Carrying Gun to Confrontation (in Criminal) by david curl
I had a case recently where the trial court instructed the jury under 9.31(b), the Waco didn't addre......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can we use the videotape? (in Juvenile Law) by david curl
You say they were interviewed separately, so the issue for the juvenile is whether he was in custody......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Is a BB gun a deadly weapon (in Criminal) by david curl
Yes. 43 TXPRAC § 38.102 Adame v. State, 69 S.W.3d 581 (Tex.Crim.App. 2002). Shelton v. State,......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fischer v. State (in Criminal) by david curl
So your point is that Medrano was wrongly decided: The trial court's ruling in this case does not i......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fischer v. State (in Criminal) by david curl
Why is a motion to suppress that is based on a rule of evidence bogus: Under article 28.01, a moti......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Amendment on Day of Trial (in Criminal) by david curl
I can't remember what we argued in Tyson but here is what the FWCoA said: An indictment may not be......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Does Obstruction Toll SOL for DWI? (in Criminal) by david curl
This case might help Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004) ("The question befor......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Attackin Murder Victim W/ Autopsy (in Criminal) by david curl
I recently briefed a claim that the presence of cocaine metabolites in a deceased victim's urine was......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Co-Defendant Judgments Admissible? (in Criminal) by david curl
First, I would think -- assuming the co-defendant does not testify in your trial -- that it would vi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: recording phone calls (in Criminal) by david curl
Alameda v. State, 235 S.W.3d 218, 224 (Tex. Crim. App. 2007) ("We hold that the doctrine of vicariou......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to suppress question (in Criminal) by david curl
I assume you had (1) an arrest for something like public intoxication which (2) led to a search inci......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Death penalty oral argument online (in Criminal) by david curl
Here's a link for oral arguments ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Punishment evidence (in Criminal) by david curl
"When the claim is that the prior conviction is void because obtained in violation of defendant's ri......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Conjunctive disjunctive (in Criminal) by david curl
Green v. State, No. 05-02-01379-CR, 2003 WL 21962472 at *2 (Tex.App. - Dallas August 18, 2003, pet. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Big Help Needed-if defense inves has tangible evidence... (in Criminal) by david curl
First, you might have the defense attorney and his investigator read TPC 37.09. Aren't they conceal......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consent to Search (in Criminal) by david curl
Here are a few cases: Bryan v. State, 11-05-00189-CR, 2007 WL 935579 *2 (Tex.App. - Eastland March ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hearsay in Juvenile Detention Hearing (in Juvenile Law) by david curl
We know for sure that written reports are ok. TFC 54.01(c). The hearing is supposed to be "informa......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Hypothetical ethical question (in Appellate) by david curl
JAS, I guess that you meant 38.9(a&b) when you cited 39.9(a&b). I doubt you could ever use 38.8(b) ......
TDCAA > TDCAA Community > Appellate


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