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RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson In the clerk's letter acknowledging filing of an Appellant's Brief and notifying the State's attorne...... TDCAA > TDCAA Community > Appellate RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson Re: my post of April 7, 2017. I feel certain that what I said had no influence in what happened, bu...... TDCAA > TDCAA Community > Appellate RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson The time limits have finally caught up with a State's attorney as well. Not sure every court will be...... TDCAA > TDCAA Community > Appellate RE: Discovery in Habeas Proceedings (in Civil) by Martin Peterson I presume you refer to an application for relief under art. 11.072. I do not believe this constitute...... TDCAA > TDCAA Community > Civil RE: Playing 911 call for jury (DWI case) (in Criminal) by Martin Peterson Hearsay objections to 911 recordings have been repeatedly rejected. One recent example: "Because Woo...... TDCAA > TDCAA Community > Criminal RE: Subpeona for records Defense already has... (in Criminal) by Martin Peterson Any exculpatory evidence an officer has must be produced without regard to any subpoena, and it seem...... TDCAA > TDCAA Community > Criminal RE: Admitting portion of the record in same case (in Other) by Martin Peterson It could easily be argued that this statement was not hearsay under 801(e)(2)(A) or falls within 803...... TDCAA > TDCAA Community > Other RE: expert on self defense (in Criminal) by Martin Peterson Ordinarily, the defendant is the only source of evidence of his or her state of mind at the time the...... TDCAA > TDCAA Community > Criminal RE: CCA Catching Up (in Appellate) by Martin Peterson As of today there were only 50 pending cases in which discretionary review had been granted. That co...... TDCAA > TDCAA Community > Appellate RE: Appeal of Probable Cause writ (in Appellate) by Martin Peterson Well, I see that the appellate court held that the accused was entitled to discharge ...... TDCAA > TDCAA Community > Appellate RE: CCP 14.01 (in Criminal) by Martin Peterson The Court of Appeals cited 14.01 as supporting the legality of an arrest made by an officer who had ...... TDCAA > TDCAA Community > Criminal RE: Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin Peterson Hard to tell why the specific intent was included, except perhaps to meet the objection that the bil...... TDCAA > TDCAA Community > Criminal RE: Texas Penal Code 38.14 - Taking or attempting to take weapon from peace officer (in Criminal) by Martin Peterson The statute has some flaws. First, how could one use force to take over possession of the “protectiv...... TDCAA > TDCAA Community > Criminal RE: Jury Instruction on CCP 13.04 (Boundary of Counties) (in Criminal) by Martin Peterson I rather doubt the defense will be arguing the offense occurred, but only in the adjoining county. P...... TDCAA > TDCAA Community > Criminal RE: Exigent Circumstances Blood Draw (in Criminal) by Martin Peterson You may also want to consider that the CCA refused to accept review of the decision in State v. Sand...... TDCAA > TDCAA Community > Criminal Repeat Offender vs. Arbuckle (in Criminal) by Martin Peterson Back in 2005, I drafted a possible amendment to sec. 12.42 of the Penal Code that would treat probat...... TDCAA > TDCAA Community > Criminal All Things Discovery (in Criminal) by Martin Peterson Read the brief. ...... TDCAA > TDCAA Community > Criminal RE: Citing Unpublished Cases (in Criminal) by Martin Peterson So, in effect, the jurisprudence of the State is actually growing faster than ever (as the distincti...... TDCAA > TDCAA Community > Criminal RE: Citing Unpublished Cases (in Criminal) by Martin Peterson In a rarely used footnote, the Dallas court specifically explained why it only seemed to rely on unp...... TDCAA > TDCAA Community > Criminal RE: Are DA employees being squeezed out of the middle class? (in Criminal) by Martin Peterson Yes, as is everyone else in the middle class. Principally this results from the devaluation of the d...... TDCAA > TDCAA Community > Criminal | » Refine Search » New Search |
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