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![]() Hess v. State, (Fort Worth - 4/5/07) (instruction that breath test refusal may be considered as evi...... TDCAA > TDCAA Community > Criminal ![]() Can someone articulate how Briseno conflicts with Atkins? Doesn't Briseno just interpret and fill in...... TDCAA > TDCAA Community > Appellate ![]() Unfortunately, we don't get to find out an answer: ...... TDCAA > TDCAA Community > Criminal ![]() However you say it, it sounds more like "waiter". As in, "Yes, Your Honor, may I take your order?"... TDCAA > TDCAA Community > Appellate ![]() I'm gonna jump in. I think David's first point is well-taken: the way current writ practice proceed...... TDCAA > TDCAA Community > Appellate ![]() I don't get failure to ID in this case. Hasn't he already handed over his true license? Doesn't that...... TDCAA > TDCAA Community > Criminal ![]() Hearsay wasn't the focus of my post. The Confrontation Clause was. And it's because they're "two sep...... TDCAA > TDCAA Community > Criminal ![]() I think it's possible for a 911 tape made about a drunk driver could survive a confrontation clause ...... TDCAA > TDCAA Community > Criminal ![]() Well, except that "www.news.google.com" is not the proper URL. Get rid of "www".... TDCAA > TDCAA Community > Appellate ![]() Well, in Gordon's case they don't seem to have stipulated to the fact that the conviction was within...... TDCAA > TDCAA Community > Appellate ![]() Hmm.. . Then it seems the issue turns on whether the "five years" thing is an element. And it probab...... TDCAA > TDCAA Community > Appellate ![]() Unless I'm misreading it, the opinion seems to indicate the stipulation doesn't refer back to the in...... TDCAA > TDCAA Community > Appellate ![]() ...... TDCAA > TDCAA Community > Criminal ![]() John S: wrt forfeiture by wrongdoing, see cases collected in: ...... TDCAA > TDCAA Community > Criminal ![]() 1. I don't think so. If it's not error to fail to sua sponte give such an instruction, see Brown v...... TDCAA > TDCAA Community > Criminal ![]() The problem is that we've jettisoned a bright line rule for one that isn't so bright. It would be mo...... TDCAA > TDCAA Community > Criminal ![]() John, it probably would have changed the analysis, but I think that makes the opinion even less defe...... TDCAA > TDCAA Community > Criminal ![]() While I wouldn't characterize the opinion as "offensive", I do think it odd that it is now constitut...... TDCAA > TDCAA Community > Criminal | » Refine Search » New Search |
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