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72 Cards in this Set
- Front
- Back
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Constitutional Requirements Binding on States
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1 Prohibition against unreasonable search and seizure
2. self-incrimination 3. double jeopardy 4. speedy trial 5. public trial 6. trial by jury 7. right to confront witnesses 8. compulsory process 9. assistance of counsel 10. cruel and unusual |
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Constitutional Rights not Binding on States
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1. Right to Indictment
2. Prohibition Against Excessive Bail |
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Exclusionary Rule
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Judge-made doctrine prohibiting introduction of evidence obtained in violation of def.'s 4th, 5th and 6th Amend. rights.
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Fruit of Poisonous Tree
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Not only must illegally obtained evidence be excluded, but all evidence obtained or derived from exploitation of that evience. If unlawful arrest, then unlawful confession
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Exceptions to Fruit of Poisonous Tree
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The court will generally not apply when it will not likely deter gov't misconduct. If weak link between gov't misconduct and evidence, most likely won't exclude evidence.
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Examples of Exceptions to Fruit of Poisonous Tree
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1. Independent Source - Prosecution must show evidence was obtained from a source independent of original illegality.
2. Intervening Act of Free Will. (def. returned to station to confess) 3. Inevitable Discovery 4. Live Witness Testimony 5. In-Court Identification |
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Limitations on Exclusionary Rule
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1. Inapplicable to Grand Juries, Civil Proceedings, and Internal Agency Rules.
2. Good Faith Reliance on Existing Law, Defective Search Warrant, or Clerical Error. 3.Miranda Violations 4. Use of Evidence for Impeachment Purposes |
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Police Cannot Rely on Defective Warrant to allow Evidence if . . .
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1. Unreasonable to assume it was a good warrant
2. Defective on it's face (wrong place, time, etc) 3. Fraud 4. Magistrate wholly abandoned his judicial role |
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Harmless Error Test
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Conviction may not be overturned merely because of improperly obtained evidence. Gov't must show beyond a reasonable doubt that the admission was harmless.
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Enforcing Exclusionary Rule
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1. Judge decides as a matter of law w/o jury present.
2. Gov't bears burden of establishing admissiblity by perponderance 3. Def. can testify at suppression hearing w/o testimony being used at trial |
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Fourth Amendment
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People should be free in their persons from unreasonable searches and seizures
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Search
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gov't intrusion into an area where a person has a reasonable and justifiable expectation of privacy
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Seizure
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exercise of control by the gov't over a person or thing
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Seizure of Person
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Reasonable person would believe she is not free to leave. Requires physical application of force by officer or submission to the officer's show of force.
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Arrests
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Must be based on probable cause - at the time of the arrest, the officer has w/in her knowledge reasonable trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to belive that the suspect has committed or is committing a crime.
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Arrests and Warrants
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Warrant generally not required for arrest in public
1. Felony - officer must have reasonable grounds to belive felony was committed 2. Misdemeanor - must be committed in officer's presence. |
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Home arrest
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Requires Warrant. Gov't must demonstrate sufficient exigent circumstatces to overcome this.
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Effect of Invalid Arrest
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No impact of subsequent criminal prosecution. Officer can still detain if they have probable cause. However, "fruit" from arrest cannot be used.
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Investigatory Detention
(Stop and Frisk) |
Officers can briefly detain to investigate w/o prob. cause. Must have reasonable suspicion supported by articulable facts of criminal activity or involvement in a completed crime. If reasonable suspicion dtainee is armed, they may conduct a frisk.
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Reasonable Suspicion
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Less than probable casue, but more than vageue suspicion. Look at totality of the circumstances.
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Informant's Tips
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Must be accompanied by indicia of reliability sufficient to make officer's suspicion reasonable.
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Automobile Stops
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Considered a Seizure. Must have at least reasonable suspicion to believe law has been broken
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Police Roadblocks
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Must:
1. Stop cars on neutral basis. 2. Be designed to serve purposes closely related to a particular problem related to automobles and their mobility. |
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Occupants of car
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may be ordered out of car if officer lawfully stopped vehicle (officer safety). If officer thinks armed, then frisk. May search passenger compartment.
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Grand Jury Appearance
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Seizure of a person for grand jury appearance is not withing the fourth amendment protection.
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Search and Seizure of a Thing
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Must be reasonable (usually need a warrant)
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Legitimate Expectation of Privacy.
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Required to have a 4th Amendment Right. Could be:
1. She owned or had a right to possession of the place searched. 2. It was her home 3. She was overnight guest |
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No Expectation of Privacy
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Things held out to the public. Sound of voice, handwriting, etc.
1. Cannot squeeze luggage 2. Can use drug dog at a lawful stop |
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Open Fields Doctrine
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areas outside curtilage are subject to police entry and search. Flyovers are also OK.
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Requirements of a Warrant
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1. Neutral and detached magistrate
2. based on probable cause 3. particularly describes place to be searched/items to be seized. |
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Probable Cause for Warrant
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Based on totality of the circumstances.
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Requirements to Invalidate Search Warrant
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Must show all three:
1. False statement was included. 2. Affiant intentionally or recklessly included the false statement 3. False statement was material to finding of probable cause. |
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Execution of Warrant
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1. Must be by police
2. No unreasonable delay 3. Announcement required before going in (unless dangerous) 4. Cannot search persons on the premesis not in the warrant. 5. May detain occupants during search. |
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Six Exceptions to Warrant Requirement.
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1. Search is incient to lawful arrest
2. Automobiles w/ probable cause. 3. Plain View 4. Consent 5. Stop and Frisk 6. Hot Pursuit, and Other Emergencies |
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Automobile Exception
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With full probable cause, police can search the entire vehicle, including containers.
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Stop and Frisk Limitations
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Patdown of outer clothing to search for weapon. In cars, just areas where weapon may be placed if reasonable belief of danger.
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Wiretapping/Eavesdropping
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Constitutes a Search. Must have warrant by showing:
1. probable cause to belive specific crime has been or is being committed. 2. Suspected persons must be named 3. Describe with particularity the conversations that can be overheard. 4. Short period of time 5. Termination when info is obtained. 6. Must return to court |
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Exceptions to wiretapping/eavesdropping
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1. Speaker assumes the risk when speaking directly to a person.
2. Speaker has no right if no attempt to keep conversation private. |
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Searches of Body
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Weigh society's need for evidence with intrusion on individual.
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Confessions
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Must be voluntary. Only official compulsion will render a confession involuntary under the 14th Amendment.
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Right to Counsel (Sixth Amendment)
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Applies at all critical stages - violated when police deliberately elicit a confession w/o first obtaining a waiver of def's right to consel.
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Miranda (5th Amendment)
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Must have Miranda warnings and a valid waiver before admissiblity of any statement made by accused during custodial interrogation.
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Requirements of Miranda
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1. Right to remain silent
2. Anything said can be used 3. Right to counsel 4. If he cannot afford, state can appoint |
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When is Miranda Required
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Anyone in police custody and accused of a crime, no matter haw minor, must be given warnings prior to interrogation by police
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Custody requirement of miranda
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is person's freedom of action denied in a significant way? Traffic stop generally not custodial
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Waiver of Miranda
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Gov't must show, by preponderance, that the waiver was knowing, voluntary and intelligent. Not presumed by silence.
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Termination of Interrogation
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Accused may terminate by right to remain silent or right to counsel. All questioning related to the particular crime must stop.
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Effect of Violation of Miranda
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Evidence obtained in violation will be inadmissible. Exceptions:
1. Confession may be used to impeach. 2. Subsequent valid confession 3. Nontestimonial fruits of unwarned confession. |
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Public Safety Exception to Miranda
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If police interrogation is reasonably prompted bya concern for public safety, respnses may be used in court.
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Pretrial ID
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Ensures witness identifies person who committed crime and not merely person she saw at police station
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Attacks on PreTrial ID
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1. Right to Counsel
2. Due Process (identification is extremely suggestive) |
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Remedy for Unconstitutional ID
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Exclusion of in-court identification. Releif is rarely granted
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Bail
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a. Immediately appealable
b. Preventive detention is constitutional |
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Grand Juries
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a. States need not use GJs as regular part of their charging process
b. Western states use information(s) c. Exclusion n/a to conduct of grand juries, this means GJ witness may be required to testify based on illegally seized information d. Proceedings are SECRET no right to appear |
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Right to Speedy Trial
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Look at:
1. Lengh of delay 2. Reason for delay 3. Whether defendant has asserted his right. 4. Prejudice to defendant. REMEDY - dismissal with prejudice. |
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Incompetent to Stand Trial under Due Process
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1. Lacks a rational as well as factual understanding of the charges and proceedings
2. Lacks sufficient present ability to consult with her lawyer with a reasonable degree of understanding. *Judge must raise competency issue. *Burden on def. to prove he in incompetent. |
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Right to Unbiased Judge
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Due process is violated if the judge is shown to hae actual malice against the defendant or to have had a financial interest in the trial.
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Right to Trial by Jury
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Only for serious offenses:
*imprisonment for more than 6 months. |
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Jury Specifications
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Must be at least six jurors. No right to a unanimous verdict (9-3 is good enough)
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Where is def. entitled to counsel?
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1. Cutodial plice interrogation.
2. Post-indictment interrogation. 3. Prelim. hearing to determine probable cause to prosecute (NOT DETAIN) 4. Arraignment 5. Post-charge lineups 6. Guilty plea and sentencing 7. Felony Trials 8. Misdemeanor trials wehre imprisonment is imoposed 9. Overnight recesses 10. Appeals as a matter of right |
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Where is def. not entitled to counsel?
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1. blood sampling
2. handwriting or voice 3. pre-charge 4. photo id 5. prelim hearing for prob. cause to detain. |
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Ineffective assistence of counsel
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1. Deficient performance
2. Bet for such deficiency, result of the proceeding would have been different. |
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Guilty Plea
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Waiver of right to jury trial
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Requirements of plea
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Judge must determine plea is voluntary and intelligent by:
Making sure def understands, 1. Nature of the charge (elements of the crime) 2. Maximum possible penalty and mandatory minimum 3. That he has a right not to plead guilty. |
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Remedy if judge doesn't meet plea standards
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Withdraw of the plea and pleading anew.
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Plea Bargaining
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Right to have teh bargain kept. Willb e enforced against the prosecutor and teh defendant but not against the judge (doesn't have to accept the plea)
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Sentencing
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a. Resentencing after successful appeal
**Δ may generally not get a harsher sentence on retrial after successful appeal (on retrial), this would CHILL the right to appeal a verdict by imposing a punishment on those who appeal |
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Death Penalty
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1.Any death penalty statute that does not give Δ a chance to present mitigating facts and circumstances is unconstitutional.
2.There can be no automatic category for imposition of death penalty. 3.The state may not by statute limit the mitigating factors; all relevant mitigating evidence must be admissible or the statute is unconstitutional. 4.Only a jury and NOT a judge may determine the aggravating factors justifying imposition of the death penalty |
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Double Jeopardy
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Once jeopardy attaches, the def. may not e retried for teh same offense.
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When does jeaopardy attach?
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Jury trials - at empaneling and swearing of jury
Bench Trials - first witness is sworn. |
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What is the same offense?
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Two crimes do not constitue the same offense if each crime requires proof of an additional element, even if facts are the same in both.
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Application of Blockburger
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The following are NOT the same offense:
1. Manslughter with auto and hit-and-run. 2. Reckless drivign and drunk driving. 3. Recklessd riving and filure to yield 4. Uttering a forged check and obtaining money by false pretenses using forged check |
