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Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
One of the biggest problems with McNeely is that it encourages litigation over the existence of exig......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
It now appears almost any use of an implied consent warning will lead to exclusion of blood evidence......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
The Texas legislature was serious in undertaking to provide for circumstances under which it believe......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
Assuming the Governor does not disapprove, HB 326 will be important going forward as we move to the ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statutory warrantless blood draws in doubt? (in Criminal) by Martin Peterson
For what it is worth, the solution to the problem chosen in New Jersey is as follows: "the exigency ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Grand Jury No Bill (in Criminal) by Martin Peterson
Of course, you are pretty much in control of whether the charge gets presented to a second grand jur......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Conflict of Interest - Grievance filed by Defendant (in Criminal) by Martin Peterson
It is unclear to me whether you are more concerned about when the case goes to trial or who will be ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Search Warrants (in Criminal) by Martin Peterson
Photographing of a scar seems very similar to rolling a fingerprint to me, so I am not sure any righ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Michael Morton Act (in Appellate) by Martin Peterson
The MMA says nothing about sanctions or how violations should be dealt with. So the answer to your q......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Michael Morton Act (in Appellate) by Martin Peterson
If the court was not called upon to make any ruling concerning the admissibility of the evidence, th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: C.C.A. handdown list for this week (in Appellate) by Martin Peterson
Same thing occurred in 2009. Maybe the flooding in the area?...
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Revocation When Defendant is Out of State (in Criminal) by Martin Peterson
This process will be a bit easier under ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: adverse possession (in Civil) by Martin Peterson
There is another concern. I think a successful AP claim might apply only to the land actually occupi......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: adverse possession (in Civil) by Martin Peterson
I would first check the validity of the survey. But, if the county's title chain truly does not desc......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
An addendum to this discussion would need to include ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: 5th Amendment (in Criminal) by Martin Peterson
Without doubt, "through the exercise of his option to terminate questioning[, the suspect] can contr......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Suppression hearing statute (in Criminal) by Martin Peterson
In support of what I said: "in a pre-trial motion to suppress hearing, a trial court may rely upon ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Suppression hearing statute (in Criminal) by Martin Peterson
My immediate impression is that the statute says "may determine," not "must determine." "Only" is al......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Interference with Child Custody (in Criminal) by Martin Peterson
You may be describing a defense under subsection (c-1)(2). Your facts seem to describe a violation o......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Reply to PDR (in Appellate) by Martin Peterson
Reply letter form was discussed here ......
TDCAA > TDCAA Community > Appellate


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