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Discussion Topic  What Was Decided in McCumber? (in Appellate) by Martin Peterson
When an appellate court decides a case without issuing a majority opinion providing a single rationa......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Caseloads Rebounding (in Appellate) by Martin Peterson
There is every sign that the total number of appeals are returning to levels not seen in several yea......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Binding Precedent on Transfer? (in Appellate) by Martin Peterson
The decision in the Sanchez Tristen case (No. 05-24-00217-CR) has some interesting holdings, essenti......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Citation of SCOTUS Opinions (in Appellate) by Martin Peterson
Almost no private law libraries have included bound copies of the U.S. Reports (ever). That was why ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Dying Precedents (in Appellate) by Martin Peterson
In Rogers v. State, 677 S.W.3d 705, a slim majority of the CCA has belatedly ordered several publish......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
The Barrett claim was not revived and the PDR in Gunter was refused. So, it provides the best guidan......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
It seems the holding in Gunter is not inconsistent with Brown because multiple stabs with the same w......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
Under ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
False alarm. All we learn for sure is that Irving’s analysis is faulty because the manner and means ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
A more definitive answer to my initial question may be forthcoming in Barrett's case, PD-1362-18. Th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: The Beginning and End of an Assault (in Appellate) by Martin Peterson
It now seems plain that how the indictment is worded may not impinge on how the case is proved. Any ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Dereliction of Duty (in Criminal) by Martin Peterson
This seems a bit scary. The former Brunswick (Georgia) District Attorney now faces up to five years ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Appellate Process in Slow Motion (in Appellate) by Martin Peterson
Everyone knows that California trials are “different” from those in Texas. Appeals, at least in cert......
TDCAA > TDCAA Community > Appellate

Discussion Topic  Nothing to See Here—Really? (in Appellate) by Martin Peterson
In my opinion, there is little doubt that many opinions that would qualify as dealing with issues th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  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

Discussion Topic  All Things Discovery (in Criminal) by Martin Peterson
Read the brief. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Citing Unpublished Cases (in Criminal) by Martin Peterson
Even the appellate courts routinely cite unpublished authority in connection with a ruling. In Posey......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Resolution of Misdemeanors (in Criminal) by Martin Peterson
I believe that persons being held on misdemeanor charges are quite often willing to enter guilty ple......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Charging Endganering a Child when Child Born Postiive for Meth (in Criminal) by Martin Peterson
Sorry, this is not helpful to your position, but maybe helpful in evaluating your position: "The St......
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


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