Crim Pro Mine

Front 1

requirements of an arrest warrant

Back 1

1.name of person to be arrested or a physical description;2.name of the offense the person is accused of committing;3.signature of the issuing magistrate;4.judicial office of the issuing magistrate

Front 2

factors to be considered in setting bail and deciding whether bail is excessive

Back 2

LASSO: 1.Likelihood of D appearing for trial;2.Ability of D to make bail;3.Seriousness of the crime charged;4.Future SAFETY of the V and the community;5.Not an instrument of OPPRESSION

Front 3

admonitions judge must give D before accepting felony plea of guilty or nolo contendere

Back 3

1.inform the range of punishment;2.inform that recommmendations by State are not binding;3.inform of the limited right, after a guilty plea, to appeal;4.inform that plea may result in deportation, exclusion from US or denial of naturalization;5.inquire as to whether there is a plea bargain

Front 4

Jury shuffle

Back 4

Random reseating of the venire members. Must do before voir dire. Only one shuffle per trial.

Front 5

for cause grounds:

Back 5

1.prior conviction for theft or felony;2.under formal charge for theft or felony;3.insane;4.not qualified to be a voter;5.witness in the case;6.served on jury in prior trial of the case;7.served on indicting grand jury;8.cannot read and write;9.biased or prejudiced for or against the accused;10.bias or prejudice against any law applicable to the case on which the defense or the state is entitled to rely

Front 6

The Rule

Back 6

upon request of either party, witnesses must be excluded from the courtroom except during their own testimony

Front 7

state must prove guilt beyond reasonable doubt. Verdict must be unanimous; mistrial if not.

Front 8

ways deferred adjudication differs from community supervision

Back 8

1. d must be found guilty before community supervision may be imposed; deferred adj. involves no such finding;2.D can get reg. community supervision after a plea of not guilty; deferred adj. req. plea of guilty or nolo contendere;3.if deferred adj. is revoked, D can be given any sentence in statutory range; if reg. community supervision is revoked, D gets sentence previously assessed.

Front 9

# peremptory challenges

Back 9

felony: 10; misdemeanor (in distr crt) 5; misdem. (other crt): 3

Front 10

judge is not required to direct a presentence report if:

Back 10

1.punishment assessed by a jury;2.only avail. Punishment is imprisonment;3.judge is informed that a plea bargain exists under which the D agrees to imprisonment and the judge follows the agreement; or 4.D is convicted of capital murder