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Blog Posts in August, 2011

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  • Can I Go To Trial While I Am Handcuffed?
    Can I Go To Trial While I Am Handcuffed?

    Simply because someone is in jail awaiting his or her trial does not mean that they waive some fundamental rights to a fair trial. Yesterday, we addressed the issue of whether a defendant can be tried ...

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  • What Happens After My License Gets Suspended When I Was Arrested For DWI?
    What Happens After My License Gets Suspended When I Was Arrested For DWI?

    Administrative Suspensions are regulated by Chapter 524 of the Texas Transportation Code. If a person fails to request a hearing or fails to appear to a hearing withou just cause, then the DPS's ...

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  • What Is Step Five Of The Sequential Evaluation Process?
    What Is Step Five Of The Sequential Evaluation Process?

    Yesterday, we began addressing the step 5 of the sequential evaluation process. It is important to note that the burden in on the claimant through steps 1 through steps 4. At step 5, however, the ...

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  • Pre-trial Media Coverage, Continued
    Pre-trial Media Coverage, Continued

    What is the process that occurs if a defendant raises serious doubts about whether he or she can receive an impartial jury because of inflammatory news coverage? Generally, the proper remedy is to ...

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  • What Is Disabled According To The Social Security Administration?
    What Is Disabled According To The Social Security Administration?

    Most claims for Social Security Disability Benefits are resolved at step five of the sequential evaluation process . Again, disability, according to the Social Security Administration, is defined as ...

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  • Affirmative Links Standard Of Review For Possession Of A Controlled Substance
    Affirmative Links Standard Of Review For Possession Of A Controlled Substance

    Yesterday, we addressed the issue of the affirmative links and the court of appeal's use of them when reviewing a conviction. As we noted, the State must prove possession by the actual care, custody, ...

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