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6 Cards in this Set

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Can Court recover costs for appointed attorney?
Yes, if the court appoints an attorney to an indigent who later is able to pay, it can recover costs
If a judge denies right of D to represent himself, what result?
D will get the conviction overturned on appeal, because he is guarantee the right to represent himself
Guy conspires to robbery but has heart attack before it happens, but his friend robs the store anyway. Can he be tried for Robbery?
Yes, conspirators are liable for crimes their co-conspirators commit if "1) the crimes committed were in furtherance of the conspiracy and 2) such crimes were a natural and probable consequence of the conspiracy"
Is there any burden of proof on a D to prove a defense?
NO - that would be a violation of due process. The P must prove all elements of the crime beyond a reasonable doubt.
Is it Larceny if someone steals with intent to bring back, but changes mind later and wants to keep/destroy it?
Yes, pursuant to the "continuing trespass doctrine" a person has intent to commit larceny if he, after taking the property, decides that he wants to permanently deprive the owner of it.
May police search a random person who walks into a house that they are searching (pursuant to a valid warrant)
No, unless they have probable cause to think that the person committe a crime.