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Discussion Topic  RE: Apparant Authority (in Criminal) by david curl
I think the term of art for your facts is "common authority" more than "apparent authority." It wou......
TDCAA > TDCAA Community > Criminal

Discussion Topic  How about new legislation to discourage last minute capital writs (in Criminal) by david curl
I've been waiting all day for a subsequent writ in a capital case set to go next week. This is 4 1/......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Governor rejects BPP recommendation (in Criminal) by david curl
This case is apparently going to get LWOP passed. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Canine Scent Evidence (in Criminal) by david curl
Does Winston v. State, 78 S.W.3d 522 (Tex.App.-Houston [14 Dist.],2002, pet ref'd) answer your quest......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search warrant question (in Criminal) by david curl
Yes, you will need a search warrant to draw blood. Blumenstetter v. State, 135 S.W.3d 234, 242-43 (......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: DWI charge question: can I add "with test" when only plead as "loss normal"? (in Criminal) by david curl
I just read this case Hamlin v. State, 902 S.W.2d 613 (Tex.App.-Houston [1 Dist.],1995, no pet.) ("......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Hawkins (in Appellate) by david curl
Has anyone thought much about Hawkins v. State, 135 S.W.3d 72 (Tex. Crim. App. 2004). It seems to s......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI ROADBLOCKS (in Criminal) by david curl
I wonder if an argument could be made that Holt was overruled by City of Indianapolis v. Edmond, 531......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Citation Form (in Appellate) by david curl
Strange that they didn't use a real case. There must be a few memorandum op's that are actually in ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Citation Form (in Appellate) by david curl
I guess I disagree with a couple of your premises. First, I don't believe that a civil memorandum o......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: LaGrone motion for mitigation expert (in Criminal) by david curl
You might also look at Soria, 933 S.W.2d at 55-57. It discusses a case called Hernandez, 805 S.W.2d......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Failure to Appear (in Juvenile Law) by david curl
Also I guess you could file a delinquency petition -- violation of a muni court order is delinquent ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Stacked Sentences (in Appellate) by david curl
You might look at Owens v. State, 96 S.W.3d 668, 671-72 (Tex.App.- Austin 2003 no pet.). The fac......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Plea after suppression? (in Appellate) by david curl
I think, if this is a State's appeal, that the trial court can act unless the State has invoked its ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Handling adults for crimes committed as juveniles (in Juvenile Law) by david curl
I didn't address the issue of how an adult, who commited a crime as a child, would be prosecuted sin......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Handling adults for crimes committed as juveniles (in Juvenile Law) by david curl
If you're not a juvenile I don't think the juvenile confession provisions apply to you. See Griffin......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Ineffective Assistance (in Appellate) by david curl
Ex parte Nailor, No. 1109-03, 2004 WL 574634, at *3 (Tex.Crim.App. Mar. 24, 2004) ("We hold that spe......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Habeas Writ Granted by County Court at Law in Another County? (in Appellate) by david curl
Isn't the habeas ruling void under 11.09 or does Ex parte Schmidt, 109 S.W.3d 480 (Tex. Crim. App. 2......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Looking for a Charge (in Juvenile Law) by david curl
You might consider false report. TPC 42.06; In re B.P.H., 83 S.W.3d 400 (Tex.App. -- Fort Worth 200......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: State appeal - Ruling on Law (in Appellate) by david curl
My only thought is that you probably need to file a notice of appeal if you plan to do a cross point......
TDCAA > TDCAA Community > Appellate


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