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Discussion Topic  Precedent in Transferred Cases (in Appellate) by david curl
Looks like the Supreme Court is considering doing something about the problem of which precedent con......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Is Is Simple Assault a lesser included offense of Aggravated Assault? (in Criminal) by david curl
Check out the cca's published op. on this topic today in Irving v. State: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Is Is Simple Assault a lesser included offense of Aggravated Assault? (in Criminal) by david curl
You can't cite this case but it should be helpful. "The court of appeals was correct when it said ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: A "bad" victim question?? (in Criminal) by david curl
In order to impeach a witness with evidence of pending criminal charges, "the proponent must establi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Video enhancement (in Criminal) by david curl
This guy (CV below) gave a CLE lecture last year at the Tarrant County D.A.'s office. The part of hi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Next Chief Justice of the Supreme Court (in Appellate) by david curl
Alex Kozinski is probably in the running....
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: TRE 412 (e) (in Criminal) by david curl
If you want more authority you could try Cochran, Texas Rules of Evidence Handbook at 389 (5th ed. 2......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: TRE 412 (e) (in Criminal) by david curl
Rule 412(e) was specifically disapproved by the legislature and is no longer effective. Lawrence v.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Frivolous Appeals in CPS cases (in Appellate) by david curl
Congratulations to David Newell for a big win today in J.L. ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Frivolous Appeals in CPS cases (in Appellate) by david curl
I guess this was just an order then and not an opinion that reached the merits of the appeal? Order......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Frivolous Appeals in CPS cases (in Appellate) by david curl
All civil cases decided after 1/1/03 are supposed to be published. They just are not all in SW3rd. ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Vienna Convention ? (in Criminal) by david curl
On February 28th, Pres. Bush ordered ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Juvenile Perjury (in Criminal) by david curl
Somebody has. Ponce v. State, 985 S.W.2d 594 (Tex.App.-Houston [1 Dist.] 1999, no pet.)....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Hmm...could that be "eau de sex"? (in Criminal) by david curl
Isn't this a "lay" opinion under TRE 701?...
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Abate Appeal? (in Appellate) by david curl
If the trial court found the elements needed to bump it up to a 2nd degree, I think you could just a......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Prosecutor needs to get out of defending a former client. (in Criminal) by david curl
Does Tex. Gov't Code sec. 46.005 help? (a) A state prosecutor may not engage in the private practic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Clarification - Mandatory Probation for State Jail Felonies (in Criminal) by david curl
I think TEXAS FAMILY CODE sec. 51.13(a) & (d) say "no." See also Ex parte Valle, 104 S.W.3d 888 (Te......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Longevity Pay (in Criminal) by david curl
Four years. Texas Gov't Code sec. 41.252. "(a) Except as provided by Section 41.255(f), the amount......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Rebuttal Expert for Temp. Insanity based on medications (in Criminal) by david curl
Insanity caused by involuntary intoxication would be a defense. So would involuntary conduct caused......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Rebuttal Expert for Temp. Insanity based on medications (in Criminal) by david curl
I did an appeal recently where the defense had called a pharmacologist named, Dr. Michael Oglesby wh......
TDCAA > TDCAA Community > Criminal


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