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Discussion Topic  RE: Counts in DWI Child Passenger (in Criminal) by Martin Peterson
Has not your defendant already been convicted of two offenses? If so, then abandoning one charge now......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: indictment after information (in Criminal) by Martin Peterson
From the John Wesley Hardin appeal: "the mere pendency of one indictment is no bar to another, even ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Fair trial (in Criminal) by Martin Peterson
Courts have often referenced that "fundamental fairness is essential to the very concept of justice.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Busy Attorneys Must Prioritize (in Appellate) by Martin Peterson
The steam from the ears turned to a cool mist. The brief, not particularly complex (raised only suff......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: joined defendants and cause numbers (in Criminal) by Martin Peterson
Do the indictments read the same (except for the defendant's name)? If so, then it seems the case sh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 17.151 State's continuance (in Criminal) by Martin Peterson
"[A]ll a prosecutor has to do to prevent release of an accused who has been unable to make bail is t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  "Appropriate action" for ethics violation (in Criminal) by Martin Peterson
The breadth of the ruling in Westview Drive Investments, LLC v. Landmark American Ins. Co., No. 14-1......
TDCAA > TDCAA Community > Criminal

Poll  RE: Scalia Gone; Where Will Kennedy Go? (in Appellate) by Martin Peterson
The best evidence of how to answer the question, so far, probably lies in today's 5-3 opinion in Pen......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Pre-indictment discovery (in Criminal) by Martin Peterson
The discovery request is arguably supported by this language in Judge Alcala's concurring statement ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Overly Broad Discovery Request (in Criminal) by Martin Peterson
To me, a proper response might look something like this: The right to discovery in a Texas criminal......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Ehrke (in Criminal) by Martin Peterson
Change "more than 6 years after Ehrke was arrested" to "at least 89 months after Ehrke was arrested.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense(appointed) Motion to Hire Expert (in Criminal) by Martin Peterson
The court should also be taking into account whatever information is or is not provided "with regard......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Defense(appointed) Motion to Hire Expert (in Criminal) by Martin Peterson
I think you will likely just have to rely on the judge's familiarity with, and application of, Jimen......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Grand Jury (in Criminal) by Martin Peterson
Except for those cases where an offense occurred within the view of an officer, using a police offic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Statements in affidavits (in Criminal) by Martin Peterson
Don't know if the judge compelled the bondsman-lawyer to testify or not, but if this arises again ma......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Speedy Trial (in Criminal) by Martin Peterson
Good place to start may be Cantu v. State, 253 SW 3d 273. Not sure about the significance of lack of......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: exploiting elderly PC 32.53 (in Criminal) by Martin Peterson
I would imagine conduct like this has also been prosecuted under 32.45(a)(1)(C), (b) and 32.46(a)(1)......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: HELP! 481.103(d) and tetrahydocannabinol (in Criminal) by Martin Peterson
If the substance can be proved to be dronabinol, then maybe the defense can be proven. Otherwise, th......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Revoke Probation Stipulation Subsequent Prosecution (in Criminal) by Martin Peterson
You would not be trying to prove he was on probation for the other offense or his character, only hi......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Motion to Revoke Probation Stipulation Subsequent Prosecution (in Criminal) by Martin Peterson
Check for cases involving "judicial admissions." See also art. 38.22, sec. 5. I am not understanding......
TDCAA > TDCAA Community > Criminal


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