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Discussion Topic  DWI detection in UK (in Criminal) by david curl
The British (also used in Australia, Italy and Croatia) have a roadside test for alcohol ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Enhancing the Enhanced Offense for Evading w/Motor Vehicle (in Criminal) by david curl
The cca recently had oral argument on a related topic in Calton v. State. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Does an Application for A Writ Of Habeas Corpus have to be Verified? (in Criminal) by david curl
Look at Ex parte Golden, 991 S.W.2d 859, 862 (Tex. Crim. App. 1999) ("Had the Legislature intended t......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Precedent in Transferred Cases (in Appellate) by david curl
Looks like the Supreme Court is considering doing something about the problem of which precedent con......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Is Is Simple Assault a lesser included offense of Aggravated Assault? (in Criminal) by david curl
Check out the cca's published op. on this topic today in Irving v. State: ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Is Is Simple Assault a lesser included offense of Aggravated Assault? (in Criminal) by david curl
You can't cite this case but it should be helpful. "The court of appeals was correct when it said ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: TRE 412 (e) (in Criminal) by david curl
If you want more authority you could try Cochran, Texas Rules of Evidence Handbook at 389 (5th ed. 2......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: TRE 412 (e) (in Criminal) by david curl
Rule 412(e) was specifically disapproved by the legislature and is no longer effective. Lawrence v.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Vienna Convention ? (in Criminal) by david curl
On February 28th, Pres. Bush ordered ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Abate Appeal? (in Appellate) by david curl
If the trial court found the elements needed to bump it up to a 2nd degree, I think you could just a......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Prosecutor needs to get out of defending a former client. (in Criminal) by david curl
Does Tex. Gov't Code sec. 46.005 help? (a) A state prosecutor may not engage in the private practic......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Rebuttal Expert for Temp. Insanity based on medications (in Criminal) by david curl
Insanity caused by involuntary intoxication would be a defense. So would involuntary conduct caused......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Rebuttal Expert for Temp. Insanity based on medications (in Criminal) by david curl
I did an appeal recently where the defense had called a pharmacologist named, Dr. Michael Oglesby wh......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Help on Extraneous Offense Issue? (in Criminal) by david curl
If you don't have a signature crime, and you want to use an extraneous offense as proof that the def......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Making Juvenile Appeals go to the CCA (in Juvenile Law) by david curl
I was curious if anyone saw a serious problem with amending 56.01 to make juvenile appeals go to the......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  Vienna Convention (in Criminal) by david curl
The Supremes agreed today to consider a Vienna Convention claim by a Texas Death Row inmate. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Error Preservation and Rule 21 (in Appellate) by david curl
Here's the issue in Herndon 03-1954 HERNDON, RONALD 04/21/04 APPELLANT'S NUECES DWI WHETHER THE C......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Error Preservation and Rule 21 (in Appellate) by david curl
Here's a case that may help. State v. Herndon 115 S.W.3d 231, 234-235 (Tex.App.-Corpus Christi 2003,......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: DWI Video Retention (in Criminal) by david curl
If it helps, other places have a 90 day retention policy. Munoz v. State, No. 08-02-00375-CR, 2004 ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Personal writings of a defendant (in Criminal) by david curl
Since nobody else will respond, I'll take a shot. I wonder if Bower v. State, 769 S.W.2d 887 (Tex. ......
TDCAA > TDCAA Community > Criminal


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