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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  RE: Viewing Exhibits in the possession of the District Clerk that were introduced at trial (in Appellate) by david curl
I'm thinking about proposing an addition to the TRAPs. Kind of a long shot I know. It's weird th......
TDCAA > TDCAA Community > Appellate

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: scent evidence (in Criminal) by david curl
Anyone interested in this issue needs to read ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Gun shot wound = serious bodily injury? (in Criminal) by david curl
If you're charging agg assault, wouldn't you be happier going under "deadly weapon,” TPC 22.0......
TDCAA > TDCAA Community > Criminal

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: 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


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