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Discussion Topic  RE: CI Probable Cause Issue (in Criminal) by david curl
Cook v. State, 497 S.W.2d 295 (Tex. Crim. App. 1973) (affidavit contained PC where is stated "MY SOU......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: social history reports (in Juvenile Law) by david curl
I think the only thing they are entitled to add is Parental Written Statement under TFC 61.104. ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: You Can't Make This Up (in Criminal) by david curl
In Houston it's ok to leave marks. In re J.A.J., 225 S.W.3d 621, 630 n.17(Tex.App.- Houston [14th ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Canada rejects Miranda protections (in Criminal) by david curl
Last summer, I watched about an hour of oral argument in the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Compelling documents from defendant (in Criminal) by david curl
Fisher v. U.S., 425 U.S. 391, 409, 96 S.Ct. 1569 (1976) ("A subpoena served on a taxpayer requiring ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Viewing Exhibits in the possession of the District Clerk that were introduced at trial (in Appellate) by david curl
I was told this week by our district clerk’s office that a trial court order is now always req......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Are Hunters a Constitutionally-Protected Group? A New York Judge Says Yes (in Criminal) by david curl
Surely Dorf knows that England does not require unanimous verdicts. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI on bicycle? (in Criminal) by david curl
It looks like that’s been the law since at least 1994 when 49.01(3) became effective. See gen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using res gestae statement to establish a defense (in Criminal) by david curl
First, except for the art. 38.22 sec. 5 context, the term "res gestae" shouldn't be considered when......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Open Container Search (in Criminal) by david curl
J.A.L. was a fairly recent case on this: "If probable cause justifies the search of a lawfully stop......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Witness and 404(b) (in Criminal) by david curl
Castaldo v. State, 78 S.W.3d 345 (Tex.Crim.App. 2002); Cox v. State, 2009 WL 807491 at *4 (Tex.App.-......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resisting Unlawful Arrest (in Criminal) by david curl
I think bgreer is right that hot pursuit should get the cop into the house. Randolph v. State, 152 ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Resisting Unlawful Arrest (in Criminal) by david curl
you might look at State v. Iduarte 268 S.W.3d 544, 551 (Tex. Crim. App. 2008)("If appellee did point......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Trial judge's authority to seal? (in Criminal) by david curl
Personally, I don't think that evidence admitted on the issue of guilt can be properly sealed. Sens......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Consent to search and seize? (in Criminal) by david curl
I think it's important to separate the question asked "Is that a valid seizure?" from whether the de......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: legality of septic inspections (in Criminal) by david curl
This independent inspection requirement looks like a part of the State's police powers much like the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Which states allow jury sentencing? (in Criminal) by david curl
Maybe you should add Mississippi and Tennessee. Moton v. State, 999 So.2d 1287, 1288 (Miss.App. 200......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Today's summary reversal of 9th Circuit (in Criminal) by david curl
Interesting per curiam reversal of the 9th Circuit today. The Ninth Circuit's legal- sufficiency re......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: voir dire issue re: lesbian relationship (in Criminal) by david curl
On the one hand a juror is entitled to consider the facts of the case. Sadler v. State, 977 S.W.2d ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Voluntary or Coerced? (in Criminal) by david curl
Here's what Dix says: an officer's assertion that he or she will seek or obtain a search warrant if......
TDCAA > TDCAA Community > Criminal


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