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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: Search Warrant Question (in Criminal) by david curl
It looks like two issues: (1) is there an art. 38.23 problem with investigating outside their juri......
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

Discussion Topic  RE: Parent denied access (in Juvenile Law) by david curl
Wasn't most of the sting of Rothgery removed by Montejo v. Louisiana, ---U.S. ----, ----, 129 S.Ct.......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: Another Warrantless Arrest Question (in Criminal) by david curl
Worthington v. State, 38 S.W.3d 815 (Tex.App.-Houston [14 Dist.],2001) rev'd on other grounds 67 S.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New Case on Forensic Testimony? (in Criminal) by david curl
The petitioner is arguing that the while the defense has a right to subpoena the witness, the defens......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: New Case on Forensic Testimony? (in Criminal) by david curl
The Lopez case is about to be submitted to the California Supreme Court -- not the U.S. Supreme Cour......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: What do you do with this?!? (in Criminal) by david curl
I've got a pending termination appeal (In re T.M.) that is a lot like the facts in your "hypothetica......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: search of cell phone incident to arrest (in Criminal) by david curl
The Ohio Supreme Court in State v. Smith, disagrees with Finley. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Can I enforce an old sentence? (in Criminal) by david curl
The Supreme Court yesterday addressed Pennsylvania’s fugitive forfeiture law. They rejected ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Protective Sweep (in Criminal) by david curl
"When conducting an in-home arrest, a police officer may sweep the house only if he possesses an obj......
TDCAA > TDCAA Community > Criminal


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