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25 Cards in this Set
- Front
- Back
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what duty does an attorney have re: a plea offer? |
(1) communicate offer to client
(2) fully explain repercussions
(3) discuss advantages/disadvantages of accepting it |
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what must be shown to prevail on ineffective assistance of counsel? |
(1) counsel's performance was below standard of professional competence
(2) if counsel had performed adequately, the result of the proceeding would have been different |
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when must a challenge to the information be made by? |
before the date on which the trial commences |
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what must the application paragraph of a jury charge contain? |
should stress the burden of proof and specifically set out the elements of the crime |
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how is a problem in a jury charge preserved? |
set a specific objection in writing
propose a "special instruction" consisting of a proper application paragraph
BEFORE the charge is read to the jury |
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what is the effect of a improper jury charge that has NOT been objected to? |
for reversal:
IF OBJECTED TO--must show SOME harm
IF NOT OBJECTED TO--must show EGREGIOUS harm |
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when is a jury charge on an affirmative defense required? |
if D introduces evidence (ANY evidence) to support his affirmative defense
would be error for the judge to refuse to include it |
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what is the burden for affirmative defenses? |
preponderence |
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what is a jury shuffle, and when should a request for one be made |
a request to change the seating order of the venire members at random
timely if made before voir dire commences |
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who may be exempted from "the rule"? |
a party (D)
expert witness
victim in a criminal case, UNLESS (1) V is to testify and (2) court determines that V's testimomy would be materially affected if V hears other testimony |
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in a criminal trial, when does jeopardy attach? |
jury trial--when jury is sworn
bench trial--when D enters plea and both sides announce ready |
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are police reports discoverable? |
no! |
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what is the proper foundation for reputation evidence? |
predicate--either the witness is familar with accused's reputation, OR opinion/witness is based on certain underlying facts about the trait, which facts must precede the offense AND testimony is limited only to either the opinion of the witness of the character trait in question, OR the accused's general reputation within the community for the particular character trait |
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what is the specificity requirement for objections? |
grounds for an objection must be made with sufficient specificity TO MAKE THE TRIAL COURT AWARE OF THE COMPLIANT |
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what should be done to keep out "fruits of the poisonous tree"? |
file a motion to suppress and assert that the evidence was illegally obtained |
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what is an examining trial? |
(1) hearing before a magistrate to determine (2) whether the state has PROBABLE CAUSE to hold D for the felonious accusation, and what bail should be, OR (3) whether D should be DISCHARGED
held BEFORE INDICTMENT |
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what motion challenges defects in substance or form in an indictment? |
motion to quash |
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when is D entitled to a court-appointed attorney? |
when ihe is charged with an offense that has a potential punishment of confinement |
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what must a court do to allow waiver of court-appointed counsel? |
determine that the waiver is voluntary and intelligently made
court must advise D of disadvantages of self-representation |
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what is the effect on admissibility of custodial statements without being Mirandized? |
the statements are INADMISSIBLE |
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who must bring up character evidence first? |
THE ACCUSED--without it, the state cannot bring it up! |
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what is the abstract portion of the jury charge? |
tells the jury what the law is |
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what is the application paragraph of the jury charge? |
applies the law to the facts, specifically sets out the elements of the crime
should stress the burden of proof |
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when should an appointed attorney contact a criminal defendant? |
"must make every reasonable effort to contact" D immediately after appointment |
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what admonshiments should D be given before testifying to a grand jury? |
(1) your testimony is under oath (2) you have to refuse to answer a question if the answer may incriminate you (3) have right to laywer outside "this chamber" to advise you before making answers to questions you feel might incriminate you (4) any material question answered falsely will subject you to aggravated perjury (5) any testimony may be used against you in a subsequent proceeding |
