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Discussion Topic  RE: felon in possession of firearm (in Criminal) by david curl
I would think your victim's testimony that the appellant had the gun and used it (or tried to use it......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Sufficiency of Evidence (in Criminal) by david curl
For a factual sufficiency claim McDuff 939 S.W.2d at 613 pretty much supports you. For legal suffic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Character evidence (in Criminal) by david curl
You should look at Herasimchuk's book Texas Rules of Evidence Handbook, 253-58 (4th ed. 2001), The......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appellate for Hire? (in Criminal) by david curl
Wouldn't it be great if instead of hiring defense attorneys to ghost write State briefs, prosecutors......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Professional Respect (in Appellate) by david curl
If an appellate court is going to trash somebody's work in a published opinion, they should have the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Hernandez (in Appellate) by david curl
Does anybody see how Hernandez (TCA 6/4/03) can be squared with TEX. R. EVID. 201(f) (judicial notic......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Ring & Future Danger (in Appellate) by david curl
I'm just about certain that our defendant will not win. First because he didn't preserve his compla......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Ring & Future Danger (in Appellate) by david curl
Has anyone dealt with the claim that Ring v. Arizona transforms future dangerousness into an element......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Incompetency raised after the plea (in Appellate) by david curl
On the competency issue, I would say he forfeited the claim by failing to raise it on direct appeal.......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Ineffective Assistance when Client is a Lawyer (in Criminal) by david curl
Maybe one of these cases will get you started: State v. Oliver 656 N.E.2d 348 Ohio App. 8 Dist.,1......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Judgment wording (in Criminal) by david curl
While I think you can do setencing in absentia, see CCP 33.03,  LaFave, 5 Criminal Procedure......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Intoxilyzer and DIC Video (in Criminal) by david curl
As somebody pointed out, it's probably not important whether sec 24 is still good law. Nonetheless,......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Intoxilyzer and DIC Video (in Criminal) by david curl
Take a look at pg. 126 of the TDCAA's Criminal Laws of Texas. Seems to say that the videotape provi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Narcotics checkpoint (in Criminal) by david curl
I don't want to be accused of being in favor of drugs, but doesn't it breed a disrespect for the law......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Narcotics checkpoint (in Criminal) by david curl
We had a request to do this exact thing in Tarrant County about 5 years ago. Others in our office w......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: TYC for Misdemeanor violations (in Juvenile Law) by david curl
For anybody who is interested -- it looks like sec. 54.05(k) of the Family Code has a good chance of......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: E-indictments and E-arrest warrants (in Criminal) by david curl
Here's a link to what Rep. King filed today. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  E-indictments and E-arrest warrants (in Criminal) by david curl
We've been asked to put together a legislative proposal that would provide for the use of paperless ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Suppress (in Criminal) by david curl
I think that would be the rule of might makes right. I recall something similar happened when Judge......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Mercado (in Appellate) by david curl
It's part of our skunkworks thinktank. We're working on new antistealth brief technology. Serious......
TDCAA > TDCAA Community > Appellate


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