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Discussion Topic  RE: using fine only dwi's for enhancement (in Criminal) by david curl
We won the estoppel case I mentioned above. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Seeking Advice on Search Issue (in Criminal) by david curl
Inevitable discovery was held to be contrary to art. 38.23. State v. Daugherty, 931 S.W.2d 268 (Te......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Appeal vs Motion for New Trial (in Appellate) by david curl
Look at State v. Kelley, 20 S.W.3d 147, (Tex.App.-Texarkana 2000, no pet.) ("In Ex parte Drewery, th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  verdict form question (in Appellate) by david curl
I'm working on a 1st Degree Burglary (sexual assault) appeal and have a verdict form issue that I wo......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Juvenile PSIs (in Criminal) by david curl
We have asked our trial people to get these admitted to avoid the hassle of getting social histories......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Juror testimony in writ hearing (in Criminal) by david curl
Just to support what Martin already said, a juror wouldn't be competent to give an expert opinion on......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Public Place Intoxication (in Criminal) by david curl
I think it's legal. See Ardis v. State, 05-00-01189-CR, 2001 WL 6783, (Tex.App.--Dallas,2001. Jan.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Mexia Madness (in Juvenile Law) by david curl
I was wondering if any other offices are having problems with the Mexia people and their "furlough" ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  jury instruction on attenuation of taint (in Criminal) by david curl
Say you have a consent to search and a confession following an illegal arrest. If the trial court f......
TDCAA > TDCAA Community > Criminal

Discussion Topic  54.04(s) & Brooks v. State (in Juvenile Law) by david curl
I'm working on an appeal where my juvenile is contending that due process requires us to plead, in s......
TDCAA > TDCAA Community > Juvenile Law

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: 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


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