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105 Cards in this Set
- Front
- Back
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How is the order of argument and number of arguments regulated in Texas Criminal Cases? |
In TX criminal cases the prosecution goes first, then the defense, and then the prosecution is allowed to go again. The prosecution always gets the last word. The trial judge regulates the order of the argument. The court can restrict the arguments to two per side, but generally the defense only gets to make one. |
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Under what conditions, if any, is the defendant permitted to make an unsworn statement at the examining trial? Explain Fully. |
Only before other witnesses testify will the defendant be allowed to make a statement not under oath. Procedures required include the magistrate warning the defendant that his statement can be used against him and that it must be reduced to writing and signed by him. Rules 16.03 and 16.04. |
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Under what conditions, if any, can you introduce Deputy's examining trial testimony into evidence at Defendant's jury trial? Explain Fully. |
The circumstances that must be present at the examining trial for this to happen are that Deputy must be dead or there must be a physical illness or infirmity that make him unavailable. Evidence Rule 804. You need the ability to cross examine that witness, depending on the judge. only admissible if admissible under 804. |
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When and on what grounds should you challenge the composition of the grand jury? Explain. |
You should challenge the composition of the selection because rule 19.06 says that the jurors should represent a broad cross-section of the population the county , considering the factors of race, sex, and age. You can only challenge on the grounds that the Deputy acted corruptly or that he didn't follow the requisite statutory requirement. |
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What procedural step, if any, should you take to protect Defendant's right to a fair trial? What documents must you file in support of your position? What must the evidence show in order for you to prevail? Explain fully? |
You should d file a motion to change venue. You must file the motion, an affidavit, and an affidavit of at least 2 credible residents of that county where the prosecution was instituted on the basis that the defendant cannot have a fair trial in that county. Evidence must show prejudice that the defendant can't receive a fair and impartial trial in that county. The defendant has to prove pervasive, prejudicial, and inflammatory publicity. A "significant amount" will not satisfy this requirement. |
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On what grounds if any, can you seek to exclude Defendant's post arrest statement from evidence? |
You can seek to exclude this statement if it was made involuntarily. If someone in authority made a promise to Defendant that the DA would help him. However, if the promise is vague, not acceptable. Rule requires specific promise. If invoking right to remain silent via language at the time. Police must stop encouraging. Oral confessions are inadmissible in TX, barring exceptions. |
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Exceptions for inadmissibility of oral confessions. |
1. Written and Signed by D. 2. Warnings by magistrate or whom statement was made. 3. Recording |
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What procedural step, if any, can you take to have a jury at Defendant's trial consider whether Defendant's post-arrest statement was voluntarily made? What evidence must you present, if any, to get the court to allow the jury to consider the voluntariness issue? Explain fully? |
You can request a Jackson v. Denno hearing to challenge voluntariness. Court must make an independent finding in the absence of the jury as to whether the statement made was voluntary under the circumstances. If a question of fact and NOT a question of law. It can still go to jury. Defendant needs to present to judge, issues of fact regarding the voluntariness of the statement and there is no set standard for that. D person evidence to voluntariness and jury should be instructed in order to find it as evidence, they must find the statement voluntarily made without a reasonable doubt. |
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List three admonishments that the court must give defendant before accepting his felony plea of guilty. |
1. the range of punishment 2. the recommendation of the DA is not binding 3. the plea is freely and voluntarily made 4. he has limited right to appeal 5. a guilty plea can lead to the deportation of a non-citizen |
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What procedural step should you take to have the jury assess the punishment, and when should you take that step? If D is convicted by the jury, can D then change his mind and have the court decide punishment? Explain fully? |
D is entitled to jury sentence, but you must make this election pre-trial, in writing, prior to void dire. If D is then convicted by the jury, D can change his mind and have the Court decide the punishment, but state must agree to this. |
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Under what circumstances , if any, is the State required to give notice of its intent to introduce D's prior conviction into evidence at sentencing? how should Court rule on your objection? Explain. |
D must request notice if the State will use prior extraneous offense. If D requests notice, then S has to provide it. |
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Does double jeopardy bar the retrial of the punishment phase of D's trial? Explain. |
If J can't agree on punishment and is deadlocked, then the court must declare a mistrial and get new jury. This is NOT double jeopardy, because, there is no manifest necessity permitting retrial to retry punishment if the jury is deadlocked. |
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Who is responsible for reduction of bail and on what basis? |
The amount of bail is regulated by the court. It is also not enough that Prosecutor is not ready for trial. As Defendant’s counsel, you should file a writ of habeas corpus for reduction of bail. The power to require bail is not to be used as an instrument of oppression. In your writ, your petition can state that there was no sufficient cause for requiring bail or that the bail required is excessive. |
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If D is subpoenaed to appear before a grand jury, what warnings must she recieve? |
Warnings under rule 20.17: 1. your testimony before this grand jury is under oath. 2. any material question that is answered falsely before this grand jury subjects you to being prosecuted for aggravated perjury. 3. you have the right to refuse to make answers to any question if it would incriminate you. 4. you have the right to have a lawyer present outside this chamber to advise you. 5. any testimony you give may be used against you at a subsequent hearing 6. you have the right to be appointed a lawyer. |
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Indictment requirements? |
1. Starts with "In the name...by authority of State of Texas" 2. End with "Against peace...state" 3. Has to show court 4. Grand Jury in Proper County 5.Describe the accused 6. Venue 7. Not barred by limitations 8. Plain language 9. Signed by Grand Jury Foreman |
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When can you challenge an indictment? |
Defects in the indictment must be raised before pre-trial or they are waived. However, if D isn't named in the indictment, it can be raised at trial. |
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Do guilty plea admonitions have to made in writing and signed by the D? |
C does not have to make guilty plea admonitions in writing and have D sign them. The court may make them orally or in writing. If D can't sign the statement, the court shall make the admonitions orally. |
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What procedural step should you take to challenge the issuance of a search warrant, what must you show in support of your position, and what relief should you request? |
Move for a Franks hearing to challenge the issuance of search warrant. The D must make a substantial preliminary showing that a false statement knowingly and intentionally or with reckless disregard for the truth, was including by the affidavit in the warrant affidavit. The D must establish this by the preponderance of the evidence. And if the allegedly false statement is necessary to finding probable cause and the 4th amendment requires that a hearing g be held at the D request. |
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Any basis to challenge the execution of the search warrant? What step should you take to challenge the execution of the search warrant? |
Challenge a search warrant on the rule 18.07 basis. The rule provides that only have 3 whole days to execute the warrant. If it is executed outside those 3 days,it is void. the 3 days is exclusive of the day of its issuance and th day of its execution. |
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What step can you take to give the jury the option of convicting D of robbery rather than aggravated robbery? When and how should this step be taken? |
You can request that the lessor-included offense be included in the jury charge. This must be done prior to the charge being read to the jury. The lessor included offense must be included within the proof necessary to establish the offense charged. It cannot require any additional proof or elements. Also, some evidence must exist in the record that would permit a rational jury to find that of the defendant is guilty. he is guilty only of the lessor-included offense. Rule 36.19 |
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Request to argue last? How are number of arguments regulated in TX? |
Trial judge regulates the order of argument in TX. The court can restrict it to 2 arguments per side, but generally only get to make one. State always gets last word. |
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What facts must an office allege and in what document must he do so for a search warrant to be authorized to search an apartment for evidence? |
In order to get SW officer must establish , in an evidentiary warrant, probable cause, the evidence they are seeking is at the location, and that the evidence is evidence of the crime. The Evidentiary warrant is a sworn affidavit showing that particular evidence is in particular location to the standard of probable cause. |
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How is venue determined for a trial? |
The general rule is that venue is proper where the offense occurs. If the offense is committed within the state and it can't be determined in which county, venue is proper in 1 of 3 places. 1. Where D is apprehended 2.Where D resides 3.Where D is extradited. |
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What are steps to exclude physical evidence and arguments in support pf steps? |
FIle a motion to suppress to try and keep physical evidence from being introduced into evidence. Argue the evidence os fruit from the poisonous tree. |
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Probable Cause |
Reasonable good faith belief that a crime has been committed and that D committed it. Cant just "be up to no good". |
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Guilty Plea timing |
A guilty plea may only be admitted after admonishments have been given. If given and then plead guilty a D is bound by that plea. Judge is not bound until he accepts the plea. If judge wants D to withdraw, D is entitled to specific performance. |
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Is a guilty plea admissible at trial as evidence of guilt? |
No, a guilty plea is not admissible at trial as evidence of guilt if withdrawn. |
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Does a D have a right to be present at a pre-trial hearing? |
Pretrial and regular trial are different. D does have a right to be at Trial, but may absence himself after charges are read. In an Initial hearing the, the D's presence is required of any pretrial hearing. |
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Jury Challenges to statements of opinion by a juror on the law? |
Yes, you can properly make a challenge to this prospective juror by challenging for cause. you would not want to waste a peremptory strike on one though. You would challenge on bias against the law. If cannot accept full range of punishment , cannot follow the law. |
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Objections or requests in regard to admission of confession? |
Under the Bruten Doctrine, you should object to the admission of the confession, request to suppress the confession, or ask the court to redact the portion of the confession pertaining to your client.
You can also ask the court to sever the 2 cases and have separate trials. This doctrine applies when there are 2 defendants, and one co-defendant confuses and implicates the other co-defendant, but then the defendant that confessed invokes his 5th amendment privilege not to testify. The right to confrontation is danger. |
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Definitions necessary in a jury charge? |
Words that don’t need to be defined:
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Is it proper to use a D's lack of testimony against them? If attempted, what steps should be taken to preserve error for an improper closing argument? |
The prosecutor’s argument is improper. The prosecutor cannot comment on the defendant’s failure to testify because the defendant does not have to testify. The state may not allude to the defendant’s failure to testify in his own defense in their closing argument. Because a prosecutor has made an improper closing argument to the jury, the defense counsel should object immediately to preserve error and request a mistrial. |
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When is it timely to file a motion asking jury to assess punishment? |
You must file motion prior to Voir Dire. Yet if State agrees, you can elect for jury sentencing. |
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Evidence for prior bad acts? |
Admissible, inclding uncharged criminal acts during sentencing phase. However, must prove beyond a reasonable doubt. |
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Are you allowed to obtain a warrant for both the search and arrest? |
Search Warrant May Order Arrest: combination search & arrest warrant valid as long as PC for search AND PC for arrest; think of these as 2 separate docs. |
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Execution of an arrest warrant. What force is allowed? |
Reasonable force as necessary. May knock down the door is you have... 1. Knocked and announced 2. Gave notice of authority and purpose. |
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When is prosecution required to to disclose contents of evidence, whether favorable or not, over to the D? |
Under Brady doctrine, regardless of prosecutor’s good or bad faith, prosecution’s suppression of evid favorable to D violates due process where such evid is material either to guilt or to punishment; state must turn over evid to D if it’s: in their possession, material, & favorable to D, and regardless of whether there’s a motion. |
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Must D provide prosecutor with names and addresses of expert witnesses, under what basis is this provided for? |
The defendant must provide Prosecutor with the names and addresses of all expert witnesses he intends to call to the stand, but not lay witnesses. He must provide the names of the expert witnesses 20 days prior to trial. |
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Requirements of a Search Warrant? |
a. That a specific offense has been committed
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Steps and relief suggestion in the event that a search warrant is invalid. |
Ask that all evidence be suppressed and |
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3 prerequisites for probation sentence? |
1. you can't have been sentenced to a prison sentence over ten years. 2. if theres a jury, prior to trial you must file a sworn motion that you haven't been convicted of a felony in other states. 3. you can't be convicted of various offenses and sentenced to community supervision if the victim is under 14. |
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Abstract and Application paragraphs in a jury charge. |
The abstract paragraph provides and abstract of statement of the law. the application paragraph states how the law would be applied to the facts in the particular case. |
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What is the standard of proof to obtain a guilty verdict? |
The standard of proof to obtain a verdict of guilty is beyond a reasonable doubt. All 12 jurors had to concur in the verdict. Had to be unanimous. If fewer than the minimum number of jurors voted fora guilty verdict, the consequences is that you have a hung jury, A hung jury results in mistrial. |
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What is bail? Bail bond? |
Bail is the security given by an accused guaranteeing that he will appear in court.
A bail bond is the contract between the defendant and sureties that guarantees his appearance. a personal bind requires no deposit of money with the court, while a bail bond does. |
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What is an Indictment? An Information? |
An indictment is the written statement of a grand jury accusing a person therein named of some act or omission, which, by law, is declared to be an offense. An information is a written statement filed and presented on behalf of the state by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted. An indictment comes from a grand jury. An information is for a misdemeanor issued by the DA. The indictment can be waived, while the information cannot. An information is supported by a complaint, and an indictment isn’t. Rules 21.01 and 21.20. |
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What is the result if a D pleads guilty, but the C does not agree with the plea agreement? |
Lenny will be able to withdraw his guilty plea if the court rejects the plea agreement. He can do so because the court did not accept the recommended sentence. If this was a misdemeanor, Lenny would not be entitled to then withdraw his plea. This is allowed only for felonies when the judge doesn’t go along with the recommended sentence. |
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What is a plea of Nolo Contendere and does it have differenet legal effect than a guilty plea? |
It is a plea of no contest and has the same legal effect s a guilty plea. they have different effects in civil context, because a plea of solo contender cannot be entered in a civil case arising from the same criminal facts. |
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Challenging an Indictment |
You should file a Motion to quash. Must raise objection pretrial; defect in complaint is not J in nature so can’t be raised at any time; can object to temporal discrepancies in complaint via motion to quash indictment pre-trial; failure to object = waiver. |
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Prosecutions handling of evidence through its agencies. |
Prosecutor must produce a copy of Officer’s police report to you as part of discovery before trial if requested under Rule 39.14. The state is required to produce a copy of evidence material to any matter involved in the action and which are in the possession, custody, or control of the state or any of its agencies. The state shall produce any offense report for the case. D can file motion to compel. |
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Steps to obtain jury sentencing and allow jury to recommend community supervision |
Must elect jury sentencing in writing to void dire. Prior to trial you must also file a sworn motion with the judge that you haven't previously been convicted of a felony in other states. |
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Steps to exclude testimony around confessions. |
file a motion to suppress based on Rule 38.22 that confessions must be in writing. The exception to this rule is a recording of the confession. In Texas, oral confessions are inadmissible unless a specific statutory |
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Voir Dire Challenges |
Preemptory Challenges: Death Penalty 15 (2+, 8 each; state 16) Felony case is 10 (2+, 6 each; state 12) Misdemeanor is 3 (2+, 3 each; state 6) Multiple D's add more strikes.
Can challenge for anything except for Batson hearings. |
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Batson Hearings |
Cannot challenge a potential juror based on race alone.If D shows challenges based on race, State must show prima facie evidence that they are challenging for race neutral reason. |
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Juror becomes disabled |
Before jury is formed, get another juror to replace.
After they've been sworn, but before charge, get an alternate. If no alternate. Verdict may still be rendered with 11 jurors, must all sign verdict.
Parties must agree. If not mistrial |
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Judges opinion to jury. |
Judge is not entitled to comment on evidence. Entirely up to jury. He must remain neutral |
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Personal Bond |
A bond that does not require money deposit. They do not require a surety or cash deposit made by the defendant. Magistrates can impose these restricts, as they can impose any reasonable condition related to the safety of the victim or the community. A curfew is perfectly the magistrate to impose. |
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Totality of circumstances |
1. Totality of the Circumstances Test: applies in TX to determine if there was PC for warrantless search & seizure; BOP is on state
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Arrest without a warrant and exceptions. |
TX: must have warrant to arrest someone, even in public, unless (1) statutory exception applies AND (2) PC exists for the arrest EXCEPTIONS: "On-view Arrests"
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Waiving an indictment |
An Indictment can be waived, resulting in an information charge to D. Must be represented by counsel, done voluntarily, in open court, and in writing. |
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Right to address the Grand Jury? |
There is no right to appear before a grand jury, Must be invited. D does not even have right to be informed of Grand Jury proceedings against him. The grand jury can invite D and counsel to appear and present evidence. |
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How many charges can stem from one indictment? |
Joinder of offenses is allowed for 2 or more offense that arise out of the same criminal episode so this was permissible in this instance. Generally, an indictment can only charge 1 crime. Crimes consisting of violating the same statute are crimes of the same criminal episode. Rule 21.24. |
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What procedural steps can be taken to obtain a separate trial for each charge? |
File a motion for severance. If there are separate trials for each, the sentences for each run consecutively. If the trials are together, the sentences run concurrently. |
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Fruits of a poisonous tree |
if illegal arrest followed by subsequent interrogation & confession, Miranda warnings by themselves are not enough to purge taint of illegal arrest; but, Miranda warnings + other factors (time, release from custody) might purge taint of illegal arrest |
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Three questions C must ask in testing the qualifications of a prospective juror? |
The three questions the court must ask in testing the qualifications of a prospective juror are: (1) whether they |
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Is an officer authorized to make an arrest in a county differing from the one issued on the arrest warrant? |
Any peace officer in possession of that warrant is authorized to execute it. Rule 15.06. An exception to this rule is that mayors of cities or towns can issue arrest warrants but they don’t extend to any part of the state. |
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3 Requirements for an arrest warrant |
The three requirements of an arrest warrants are: (1) run in the name of “The State of Texas”; (2) include the name of arrestee, if known and if unknown, a reasonably definite description of that person; (3) statement of the offense the person is thought to be committing; (4) be signed by a magistrate. Rule 15.02. |
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Timing on taking someone before a magistrate |
Needs to be taken before a magistrate |
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Deferred Adjudication |
i. Not available to D who’s gone to trial & been convicted
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Judge refusal of plea sentence |
Court is not required to impose the sentence that Prosecutor agrees to recommend. If the court refuses the recommended sentence, D is entitled to withdraw his plea because it is a felony plea. If this was a misdemeanor, D would not be entitled to then withdraw his plea. This is allowed only for felonies when the judge doesn’t go along with the recommended sentence. |
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Jury Challenges for Cause |
Examples of challenges for cause from Rule 35.16 include: (1) that the juror is not a qualified voter in the state and county; (2) that the juror has been convicted of misdemeanor theft or a felony; (3) that the juror is under indictment or other legal accusation for misdemeanor theft or a felony; (4) that the juror is insane; (5) that the juror has such defect in the organs or feeling or hearing, or such bodily or mental defect or disease as to render the juror unfit for jury service, or that juror is legally blind and the court in its discretion is not satisfied that the juror is fit for jury service in that particular case; (6) that the juror is a witness in the case; (7) that the juror served on the grand jury which found the indictment; (8) that the juror served on a petit jury in a former trial of the same case; (9) that the juror has a bias or prejudice in favor of or against the defendant; (10) that from hearsay, or otherwise, there is established in the mind of the juror such a conclusion as to the guilt or innocence of the defendant as would influence the juror in finding a verdict; (11) that the juror cannot read or write. |
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Examining Trial |
i. Held by magistrate before indictment ; For felony cases only
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Capias |
A capias directs a peace officer to seize an individual and bring him into custody before the court. It’s essentially an arrest warrant. It gives the identity of the person to be arrested, the offense committed, and the jurisdiction and time where it is returnable. Rule 23.02 |
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When to file a motion for change of venue? |
Under Rule 28.01, you must file your motion before any evidence is put forward or you waive your right to do it. When you file a pretrial motion, it has to be filed 7 days prior to the pretrial hearing. However, the court has looked to the change of venue motions and found a constitutional issue if things change over time (such as media coverage) and 7 days before a pretrial hearing there isn’t enough to prevent defendant from having an unfair trial. Courts have held that it can be raised pretty must at any time prior to the introduction of evidence because of this constitutional issue. *Motions for change of venue should be filed 7 days prior to a pretrial hearing, but failure to do so will not prevent the defendant from raising it at a later time because the right to a fair trial is a constitutional issue. |
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Does the Texas Code for Criminal Procedure allow a jury to assess punishment when a defendant enters a guilty plea? |
Yes, the Code allows a jury to assess punishment when a defendant enters a guilty plea. The defendant can request that a jury assess his punishment. Unless the defendant specifically waives his right, a jury will be impaneled to assess punishment. |
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Jury Shuffle |
Each side has a right to one jury shuffle to reset the pool of potential jurors. A motion for jury shuffle must be entered before void dire.
Only one per case. |
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Improper Commitment Questions |
Improper commitment questions are not asking prospective jurors whether they can follow the law. Improper commitment questions give potential jurors certain facts from the case in the form of a hypothetical and ask them to commit to a legally relevant answer to those facts. The question attempts to commit the juror to a particular verdict based on particular facts. |
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Jury unable to agree on question of fact from testimony |
The jury can submit a question to the judge to find out what Emmett actually testified to. The judge talks it over with the state, they agree on the answer, bring the jury back out, and the court report reads that part of the testimony from the transcript back to the jury. If there is no court reporter, the witness can be brought back to |
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Standard of review for the legal sufficiency of evidence? |
The standard of review for the legal sufficiency of the evidence is in viewing the evidence in the light most favorable to the state, whether a rational jury find all elements of the crime proved beyond a reasonable doubt. |
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When looking at the validity of an arrest (steps)... |
look to whether there is probable cause, whether the officer has a warrant or not, and if not whether there is an exception. |
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If D is denied bail, what are possible procedure Defense can take to challenge the ruling, and what are two requisites of that procedural step? |
D can file a writ of habeas corpus. Two requisites of this procedural step are; argue that confinement is illegal; supply an oath; ensure that allegations are true; attach an order. Rule 11.14 |
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Work Product Doctrine |
D in crim case doesn’t have general right to discovery of evid in state’s possession; D’s right to discovery limited to exculpatory or mitigating evidence; if evid ≠ exculpatory or mitigating, Brady does NOT apply & discovery is left to trial ct.’s discretion court under 39.14; no Brady type right to get inculpatory evid; not required to disclose work product |
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What are the next to steps following jury selection and can they be skipped? |
After a jury is impaneled, the first two steps are that the indictment or information is read and then the plea is taken. If these two steps are skipped, they can be cured later in the trial. If they are skipped, once that error is discovered, the indictment or information should be read to jury and the defendant should enter a plea at that point. The state can then reintroduce the evidence they’ve already put on OR the state and the defendant case agree or stipulate to the evidence that has already been admitted. |
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Oral confession that is recorded exception... |
1. Statement is recorded
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Voluntariness |
If a confession is made by what seems to be the undue influence of an authority. Challenge the confession based on voluntariness. |
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If you fail to file pleading concerning the assessment of D's punishment |
Judge will assess the punishment |
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Dual Sovereignty Doctrine |
The federal government can prosecute the same crime after the state prosecutes. Its not double jeopardy because it applies to the same sovereignty trying the same offense. |
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Crime occurred in view |
When a police officer observes an offense committed in his presence, he can arrest |
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3 Warrantless Arrest Requirements |
1.probable cause must be shown 2.officer has to have jurisdiction 3. must be exception to the warrant rule 4.must bring the suspect before a magistrate without unnecessary |
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Is it permissible to hold an examining trial without D present |
D has the right to be present at his |
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Can D make an unsworn statement to magistrate in Examining Trial? |
D can give an unsworn statement as long as it’s done before any other witnesses testify. His statement will be transcribed and can be used against him later. |
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Challenging a grand jury based on corruption... |
You should move to quash the indictment by showing that there was no opportunity to challenge the array prior to the indictment. The grounds for this would be that the officer acted corruptly. Under the rule, the array must represent a broad cross-section of the community. |
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Who is entitled to know of a plea deal? |
Victims in Texas are entitled to know when a plea agreement has been reached and what the |
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Search Incident to a lawful arrest |
The police can search the person and their immediate grab space without any belief |
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Warrantless search exceptions |
Consent, Terry frisk, automobile exception, special needs exception, search incident to arrest, exigency, community caretaker, inventory, plain view (includes plain touch, plain smell) |
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Are attorneys permitted to ask questions during jury selection? |
The court’s practice is not consistent with Texas practice, but it is not inconsistent with Texas law. If the judge wants to conduct the questioning himself, he can. In Texas, we allow the attorneys to do it. However, if it is a capital case, the attorneys are required to ask the questions themselves. If it’s just a felony case, the judge can |
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Preserving Jury selection Error for Appeal |
To preserve this error for appeal, you should object saying that that the juror is disqualified. You should do this as soon as you learn that the juror is disqualified from serving, especially before the verdict is rendered. If you don’t do it before the verdict is rendered, that doesn’t mean that you cannot raise it at that point, but it’s harder to show significant harm to get a reversal of the conviction. If you do object before the verdict is rendered, it’s a mistrial. |
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May a prosecutor go before a grand jury during their deliberations? |
No, He cannot go before the grand jury when they are discussing the propriety of finding an indictment or voting upon the same. Rule 20.03. |
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Grand Jury Personal Information Disclosable? |
Under Rule 19.42, the information is confidential and may not be disclosed by the court, court personnel, or prosecutor. On a showing of good cause, the court shall permit the disclosure of the information sought to a party of the proceeding. |
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Indictment does not list exact words required for a charge |
May file a motion to quash before trial. Yet, words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning or which include the sense of the statutory word. |
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If D argues to keep physical evidence from warrantless search from trial. What should prosecution argue? |
That there was PC for believing the weapon was in her car. That the fruit of the crime was in the car. |
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Magistrate imposed conditions |
The magistrate is authorized to impose any reasonable restriction related to the safety of the victim or the community. Since Rob was the victim this is okay. |
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Who selects members of a Grand Jury? |
A Jury Commissioner will select those who serve on the grand jury. the jury commissioner is either appointed by a district judge or can be picked off a list by a district judge. |
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Can prosecutor allow experts to question an officer |
No, an officer is not authorized by law to have an expert question an officer |
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Can a witness testify to plea negotiations? |
Plea negotiations and statements |
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What are 3 Criteria must evidence derived from a scientific theory meet to be reliable? |
(1) the underlying (2) the technique applying the theory must be valid; and (3) the technique must be |
