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RE: Sex offender registration/measuring distance (in Criminal) by Martin Peterson There may not be any preferred (or single) method of measurement. Graves, 557 S.W.3d at 868. See als...... TDCAA > TDCAA Community > Criminal RE: Lost evidence (in Criminal) by Martin Peterson One possibility: get a pretrial hearing set under art. 28.01 §1(8) and issue a subpoena under arts. ...... TDCAA > TDCAA Community > Criminal RE: Sex Offender Registration Requirement (in Criminal) by Martin Peterson It does not appear that a conviction under art. 62.102 CCP is a "reportable conviction" under art. 6...... TDCAA > TDCAA Community > Criminal RE: Prosecutor as Defense Witness (in Criminal) by Martin Peterson This case may provide some useful information. ...... TDCAA > TDCAA Community > Criminal RE: Gambling winnings during investigation (in Civil) by Martin Peterson I am going to assume that public funds from some source were used in playing on the machines. So, wh...... TDCAA > TDCAA Community > Civil RE: Long Opinions (in Appellate) by Martin Peterson If unavailability (or unequal availability) was a motivating factor, then it has disappeared. Ther...... TDCAA > TDCAA Community > Appellate RE: Long Opinions (in Appellate) by Martin Peterson One reason for my curiosity about unpublished opinions lay in TRAP 77.3. That rule is very clear: "U...... TDCAA > TDCAA Community > Appellate RE: §12.45 and §25.072 (in Criminal) by Martin Peterson What seems plain to me is that you can prove that the defendant two times engaged in conduct that co...... TDCAA > TDCAA Community > Criminal RE: Sanctions against defense attorney (in Criminal) by Martin Peterson As one would expect, there do not appear to be any appellate court cases demonstrating the scope or ...... TDCAA > TDCAA Community > Criminal RE: Continuous FV or Two MA Assaults FV? (in Criminal) by Martin Peterson Possibly the change made in the original bill by the committee substitute answers your question: the...... TDCAA > TDCAA Community > Criminal RE: Venue for Continuous Family Violence (in Criminal) by Martin Peterson It appears the applicable statute will be art. 13.18. While art. 13.19 might prove of some help, the...... TDCAA > TDCAA Community > Criminal RE: Writ of Mandamus (in Criminal) by Martin Peterson If this pleading is one described by TRAP 72.1, then the clerk might simply return it (as it is prop...... TDCAA > TDCAA Community > Criminal 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 | » Refine Search » New Search |
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