Texas Criminal Procedure And Evidence

Front 1

Crim Pro: When a defendant is arrested, before whom must he be presented?

Back 1

The magistrate who issued the warrant or a magistrate of the jurisdiction in which he was arrested.

Front 2

Crim Pro: Before whom must the examining trial be held?

Back 2

A magistrate of the county with jurisdiction over the offense.

Front 3

Crim Pro: Over what offenses do District Courts have jurisdiction?

Back 3

1. Felonies
2. Misdemeanors involving official misconduct
3. Misdemeanors xferred from county court presided over by a non-attorney judge.

Front 4

Crim Pro: Over what offenses do County Courts have jurisdiction?

Back 4

1. Misdemeanors where penalties exceed $500 fine.
2. Misdemeanors where exclusive jurisdiction is not given to the justice courts.
3. Appellate jurisdiction over justice and municipal courts.

Front 5

Crim Pro: Over what violations do Municipal Courts have jurisdiction?

Back 5

1. Exclusive jurisdiction over city ordinance violations punishable by fine <$500
2. Concurrent jurisdiction over violations of law punishable only by fine or other non-jail penalty.

Front 6

Crim Pro: Over what criminal cases do Justice Courts have jurisdiction?

Back 6

Where punishment is only by fine or non-jail penalty.

Front 7

Crim Pro: What sort of trial do appeals from justice and municipal courts receive in the county court?

Back 7

Trial de novo.

Front 8

Crim Pro: What are nine reasons why a magistrate may issue a search warrant?

Back 8

1. Property acquired by theft or other crime.
2. Obscene materials.
3. Drugs illegally possessed or made.
4. Contraband & gambling devices.
5. Property used in the commission of crime.
6. Persons.
7. An abused child.
8. Property constituting evidence of offense or tending to show that a particular person committed an offense.
9. Contraband subject to seizure.

Front 9

Crim Pro: What is required for a search warrant to be issued?

Back 9

A sworn showing of facts constituting probable cause. All supporting information must be in "four corners" of affidavit.

Front 10

Crim Pro: What must a search warrant state?

Back 10

1. Name or description of person, place, or thing to be searched.
2. Identification of what is to be seized.
3. Dated and signed by the magistrate.

Front 11

Crim Pro: What are evidentiary search warrants issued for?

Back 11

Items containing evidence of an offense.

Front 12

Crim Pro: Who can generally not issue an evidentiary search warrant?

Back 12

Justice of Court of Appeals, Justices of the Peace, certain municipal court judges.

Front 13

Crim Pro: May a person who has been searched pursuant to an evidentiary search wararnt be searched again?

Back 13

Only if the warrant is issued by a judge of a district court, court of criminal appeals, or the supreme court.

Front 14

Crim Pro: What are the requirements to issue an evidentiary seach warrant?

Back 14

1. Must set forth sufficient facts to establish probable cause to believe tha a specific offense has been committed.
2. The items to search constitute evidence.
3. And are located at a particular place.

Front 15

Crim Pro: What may officers seize pursuant to an evidentiary warrant? What is the exception?

Back 15

1. Only that which is described.
2. Items subject to seizure for other reasons may be seized if discovered in plain view.

Front 16

Crim Pro: When must a search warrant be executed?

Back 16

Within three days of issuance. Does not include day of issuance and day of execution.

Front 17

Crim Pro: What must an officer do before removing any seized property?

Back 17

Prepare a written inventory, sign it, and present a copy to owner or possessor of copy. Must also execute a return on the warrant and deliver it with a copy of the inventory to the issuing magistrate.

Front 18

Crim Pro: What is required for wiretapping and similar activity?

Back 18

A special court order. May be issued only to secure evidence of a felony violation of certain crimes.

Front 19

Crim Pro: What sort of notice is required to be giveen to a suspect whose communications are tapped?

Back 19

90 days after order expired, judge must notify suspect that the order was issued and whether communicatiosn were intercepted. Notice must be received at least 10 days before trial for evidence obtained to be admissible.

Front 20

Crim Pro: What property is subject to seizure and forfeiture?

Back 20

1. Used or intended to be used in the commission of major criminal offenses or the CSA.
2. Proceeds from commission of above offenses.
3. Acquired with above proceeds.

Front 21

Crim Pro: What must an affidavit for a search warrant to seize property establish?

Back 21

Probable cause that:
1. A specific felony offense was committed.
2. Property constitutes forfeitable contraband.
3. Property is located where search will be made.

Front 22

Crim Pro: What are the proceedings for forfeiture?

Back 22

1. Prosecutor files notice of seizure and intended forfeiture within 30 days of seizure. Also files lis pendens if real property.
2. Hearing is held where state must prove by preponderance of evidence that property is contraband.

Front 23

Crim Pro: Who may issue a warrant for seizable contraband?

Back 23

A judge of a statutory county court, district court, court of criminal appeals, the supreme court, or a judge of a municipal court of record who is a licensed attorney.

Front 24

Crim Pro: What are the requirements to protect an innocent person's interest in property?

Back 24

1. Person did not know of the felony or that it was likely to occur, and
2. Persons interst was required before a lis pendens notice was filed or before or during the offense giving rise to forfeiture.

Front 25

Crim Pro: What must an affidavit for an arrest warrant show?

Back 25

Probable cause that the person named in the warrant has committed an offense.

Front 26

Crim Pro: What are the requiremetns for an arrest warrant?

Back 26

1. Specify the name or give rsbl definite description of person to be arrested.
2. State that the person is accused of a particular offense and give adequate notice of what the offense is.
3. Be signed by magistrate and give office of that magistrate.

Front 27

Crim Pro: What are the circumstances under which a warrantless arrest is valid?

Back 27

1. Committed offenses w/in officer's view or presence.
2. Probable cause to believe violated protective order.
3. Prob cause felony committed & about to escape.
4. Ofcr recovered stolen property, believes suspect stole it.
5. Prob cause suspect committed assault w/bodily injury & immediate danger of further bodily injury.
6. Found in suspicious place under circumstances that rsbl show suspect guilty of felony, disorderly conduct, or the like.
7. Prob cause suspect committed assault w/bodily injury to family/hhold member.
8. Prob cause suspect prevented/interfered w/ability to call in an emergency.
9. Voluntary statement to officer that establishes prob cause that suspect committed felony.

Front 28

Crim Pro: When may an officer making an arrest without a warrant enter a residence to make an arrest?

Back 28

1. The person who resides in the residence consents.
2. Exigent circumstances require that the officer enter without consent or a warrant.

Front 29

Crim Pro: When may an officer break down the door of an house to make a felony arrest?

Back 29

If the officer first gives notice of his authority and purpose and is refused admittance.

Front 30

Crim Pro: May an officer engage in racial profiling?

Back 30

No.

Front 31

Crim Pro: When must law enforcement officers present an arrested person before a magistrate?

Back 31

1. Without unnecessary delay;
2. No later than 48 hours after arrest.

Front 32

Crim Pro: Crim Pro: After setting bail, what must the magistrate inform a suspect of?

Back 32

1. The charges against him.
2. His right to remain silent
3. Right to retain counsel
4. Right to appointed counsel and the procedure
5. The right to an examining trial.

Front 33

Crim Pro: What is a writ of habeas corpus?

Back 33

A court order to a custodial person directing him to produce a person in custody and show why they are being held.

Front 34

Crim Pro: For what purposes may a writ of habeas corpus be used?

Back 34

1. Challenge the amount of or denial of bail.
2. Obtain appellate review of pretrial ruling of no double jeopardy.
3. Attack a conviction after an appeal has failed or time has expired.

Front 35

Crim Pro: What must a petition for a writ of habeas corpus state?

Back 35

1. Person is being unlawfully confined
2. Name of who is confining him.
3. Be attached to the writ or order under which the person is detained.
4. Contain a prayer for the writ.
5. Be sworn to that the allegations are true.

Front 36

Crim Pro: If a judge does not determine from the petition for a writ of habeas corpus that no relief is denied, what happens next?

Back 36

1. Party on whom writ is served makes sworn return to the court stating if person is in custody and why.
2. Detained person brought before judge to determine propriety of detention.

Front 37

Crim Pro: What factors are considered when setting bail?

Back 37

1. Must be sufficiently high enough to give assurance.
2. Nature of offense and circumstances under which it was committed.
3. Future safety of the victim and the community.

Front 38

Crim Pro: What is a bail bond?

Back 38

A written undertaking by a defendant to appear in order to answer a criminal charge. Security must be deposited with the court.

Front 39

Crim Pro: What is a personal bond?

Back 39

An amount is set and defendant must pay it if he fails to appear. No security is required.

Front 40

Crim Pro: When may a person be released without bond?

Back 40

When charged with a misdemeanor punishable by fine only and has no convictions punishable by jail time.

Front 41

Crim Pro: What are five situtions where bail may be denied?

Back 41

1. Capital murder & state establishes likelihood of conviction & death penalty.
2. Felony charge & 2 prior felonies.
3. Felony charge while on bail for previous felony.
4. Noncapital felony involving use of deadly weapon & has prior felony.
5. Violent or sexual felony while on community supervision or parole for felony, OR violated condition on bail related to victim or community safety.

Front 42

Crim Pro: When may a peace officer set bail? (must be reasonable)

Back 42

Felony: Court not in session and no bail set by judicial officer.
Misdemeanor: Magistrate not available.

Front 43

Crim Pro: If bail is denied, how long is detention authorized?

Back 43

Sixty days.

Front 44

Crim Pro: What conditions of release on bail are specifically authorized?

Back 44

1. Not to go near child victim
2. Remain at home
3. Abide by home curfew.
4. Have breathalyzer ignition lock installed.
5. Not communicate with or go near victim.

Front 45

Crim Pro: How long may release be delayed for defendants arrested in the prevention of family violence?

Back 45

1. Four hours if police have probable cause that violence will continue.
2. 48 hours if magistrate makes such a finding.

Front 46

Crim Pro: What is the purpose of an examining trial? (A right, unless an indictment has been returned)

Back 46

To determine whether there is probable cause to believe the defendant duilty.

Front 47

Crim Pro: What are the three possible results of an examining trial?

Back 47

1. Discharge if no probable cause established.
2. May be admitted to bail.
3. Committment may be entered.

Front 48

Crim Pro: When does the period of limitations for criminal offenses start?

Back 48

Date of the offense.

Front 49

Crim Pro: When may prosecution be brought for sexual assault on a child or indecency with a child?

Back 49

Within 10 years of the victim's 18th birth day.

Front 50

Crim Pro: Is time during which the accused was absent from the state counted for the period of limitations?

Back 50

No.

Front 51

Crim Pro: Is the period during which a charge is pending against a defendant count?

Back 51

No.

Front 52

Crim Pro: Does the filing of a complaint for a felony case toll the period of limitations?

Back 52

No. (Meaning that time is counted)

Front 53

Crim Pro: What is the limitations period for murder, manslaughter, leaving the scene of an accident resulted in death, or sexual assault where DNA evidence does not readily ascertain the identity?

Back 53

No limitations period.

Front 54

Crim Pro: What is the limitations period for sexual performance of a child younger than 17, aggravated kidnapping < 17 with intent to abuse, or burglary w/ intent to abuse <17?

Back 54

20 years from victims 18th birthday.

Front 55

Crim Pro: What is the limitations period for injury to a child?

Back 55

10 years from victim's 18th birthday.

Front 56

Crim Pro: For which crimes is the limitations period 10 years?

Back 56

1. Theft by fiduciaries.
2. Sexual assault.
3. 1st degree felony injury to elderly or disabled.
4. Indecency with or sexual assault of a child.

Front 57

Crim Pro: For which criems is the limitations period 7 years?

Back 57

1. Misapplication of fid. prop. or prop. of finan. institution.
2. Securing exec. of docs by deception.
3. Money laundering.
4. Credit card abuse.
5. False statement to obtain property or credit.
6. Fraudulent use or possession of an ID.

Front 58

Crim Pro: For which crimes is the limitations period 5 years?

Back 58

1. Theft.
2. Burglary
3. Robbery
4. Arson
5. Kidnapping
6. Injury to child, elderly person, disabled person (if not 1st degree felony)
7. Abandoning or endangering a child.

Front 59

Crim Pro: For which crimes is the limitations period 3 years?

Back 59

Any felony not otherwise listed.

Front 60

Crim Pro: What is the limitations period for misdemeanors?

Back 60

2 years.

Front 61

Crim Pro: What is the proper venue for offenses committed outside the state?

Back 61

County where offender is found or an element of the offense occurred.

Front 62

Crim Pro: What is the proper venue for theft?

Back 62

Cty from which property was taken or cty though or into whihc property was moved.

Front 63

Crim Pro: What is the proper venue for crimes where the victim was injured in on cty but died in another?

Back 63

Either county.

Front 64

Crim Pro: What is the proper venue for kidnapping and false imprisonment?

Back 64

Cty where offense took place or cty through or into which victim was taken.

Front 65

Crim Pro: What is the proper venue for conspiracy?

Back 65

County where agreement was made or carrie dout, or cty where any conspirator performed any act to implement the agreement.

Front 66

Crim Pro: Where is the proper venue for sexual assault?

Back 66

Cty where assault occurred, where victim was abducted, or through or into which victim was taken.

Front 67

Crim Pro: What is the proper venue for possession or delivery of marijuana?

Back 67

Cty where offense wascommitted, or if defendant consents, in adjacent county within same judicial district.

Front 68

Crim Pro: What is the proper venue for unauthorized use of motor vehicle?

Back 68

County in which vehicle was originally reported stolen or where unauthorized use occurred.

Front 69

Crim Pro: What is the proper venue for organized criminal activity?

Back 69

County in which any act to effect the objective of the combination was committed.

Front 70

Crim Pro: What is the proper venue for bigamy?

Back 70

County in which bigamous marriage occurred; where parties lived as husband and wife; or where party to the marriage not charged resides.

Front 71

Crim Pro: What is the proper venue for escape?

Back 71

County in which escape occurred or where the defendant was originally placed in custody.

Front 72

Crim Pro: What is the proper venue for fraudulent use of identifying information?

Back 72

County in which the offense was committed or where the victim resides.

Front 73

Crim Pro: For which grounds can challenges be made for grand jury selection?

Back 73

1. Improper selection.
2. Lack opf qualifications.

Front 74

Crim Pro: What is the number of grand jurors necessary to indict?

Back 74

At least 9 out of twelve.

Front 75

Crim Pro: What is a capias?

Back 75

The equivalent of an arrest warrant issued on the filing of an indictment or information.

Front 76

Crim Pro: Except for capital murder prosecutions, what are the requirements for a felony defendant to waive indictment and be charged by an information?

Back 76

1. Represented by counsel.
2. Waiver is written or took place in open court.
3. Waiver is voluntary.

Front 77

Crim Pro: What document is used in misdemeanor cases before a justice of the peace or municipal court? Otherwise?

Back 77

A complaint. An information.

Front 78

Crim Pro: Do defendants in a felony prosection have a constitutional right to be charged only by a grand jury indictment? Is this waivable?

Back 78

Yes and yes.

Front 79

Crim Pro: What may serve as a charging instrument in traffic cases where the maximum penalty is a fine only?

Back 79

A traffic ticket.

Front 80

Crim Pro: When must defendants in a felony case in custody be served with the charge? Out on bail? Misdemeanor cases?

Back 80

1. Immediately.
2. Only if requested.
3. Only upon demand.

Front 81

Crim Pro: How many offenses may be charged in one indictment? Exceptions?

Back 81

1. Only one offense.
2. State may allege alternate ways of committing the same offense; offenses part of same criminal episode.

Front 82

Crim Pro: How many defendants may be charged together in the same charging instrument?

Back 82

Multiple, if part of the same criminal episode.

Front 83

Crim Pro: When must defects in an indictment be raised?

Back 83

Pretrial, waived otherwise.

Front 84

Crim Pro: What defects in the charging instrument will not affect its validity?

Back 84

Misspelling and bad grammar, unless denies defendant adequate notice.

Front 85

Crim Pro: What may the prosecution do if an indictment contains a defect of form or substance?

Back 85

May be cure by amendment at any time before the day the trial on the merits commences.

Front 86

Crim Pro: What are the requirements for an amendment to a charging document?

Back 86

1. Leave of court
2. Under court's direction.
3. Notice must be given to defendant. (Defendant may request delay to respond)

Front 87

Crim Pro: When may a charging document not be amended over the objections of the defendant?

Back 87

1. The amended information or indictment charges defendant with additional or different offense OR
2. Substantial rights of defendant are prejudiced by the amendment.

Front 88

Crim Pro: What is required to amend an indictment after trial commences?

Back 88

Lack of objection from the defendant.

Front 89

Crim Pro: What are some specific defects that arise in charging instruments?

Back 89

1, Failure to include "magic words" required by the Code
2. Failure to allege venue.
3. Failure to allege facts constituting all elements of the offense.
4. Failure to identify the victim.
5. Failure to allege facts showing recklessness or negligence if defendant is charged with either.

Front 90

Crim Pro: What does the state have the burden of proving when an allegation is made that details are unknown at trial?

Back 90

Must show that the details were, in fact, unknown to the grand jury and the grand jury could not, with rsbl effort, have ascertained the unknown information.

Front 91

Crim Pro: What does an instrument also charge beside the included charge?

Back 91

Lesser included offenses.

Front 92

Crim Pro: For what grounds may a motion to set aside indictment or information be made?

Back 92

1. Indictment not found by at least 9 grand jurors.
2. Prosecution barred by passage of time.
3. Some person not authorized was present before grand jury while deliberating or voting.
4. Grand jury was illegally impaneled.
5. Any other ground authorized by law.

Front 93

Crim Pro: For what reasons may an exception to substance of indictment or information be made?

Back 93

1. It does not charge an offense.
2. Prosecution barred by passage of time.
3. Offense was committed after finding of the indictment.
4. Contains matter that is legal defense or bar to the prosecution.
5. Shows on its face that court does not have jurisdiction.

Front 94

Crim Pro: When may an exception be taken to form of indictment or information?

Back 94

1. Does not appear to have been presented in the proper court.
2. Lacks one or more of the requisites of the Code.
3. Was not returend by lawfully chosen or impaneled grand jury.

Front 95

Crim Pro: What are the procedures for a motion challenging indictment? (Motion to quash)

Back 95

1. In writing.
2. Filed before the date of tiral.
3. Specify the particular aspect of the charing instrument that defendant regards as defective.

Front 96

Crim Pro: May arraignment be waived?

Back 96

Yes.

Front 97

Crim Pro: What are the three functions of arraignment?

Back 97

1. Fixes defendant's identity.
2. Counsel is appointed for indigent defendants.
3. Defendant's plea is heard.

Front 98

Crim Pro: Under what circumstances is a second trial on same or related charges permitted? (Former jeopardy)

Back 98

1. If first trial was to jury and jury was sworn.
2. At bench trial, parties announced ready and plea entered.
3. Mistrial declared for manifest necessity, or by request of defendant, or declared by appellate court b/c error of law.
3. When EACH crime requires proof of something the other does not.
4. First prosecution federal.

Front 99

Crim Pro: How long does an attorney appointed to represent an indigent defendant have to prepare?

Back 99

10 days, but may be waived in writing signed by defendant and attorney.

Front 100

Crim Pro: For what reasons may a continuance be granted after trial begins?

Back 100

1. Showing of an unexpected occurance at trial that took moving party by such surprise that fair trial coul dnot be had.
2. Showing of good cause if parties agree.
3. Missing witnesses, but there are special requirements.

Front 101

Crim Pro: What is the standard for determining a defendant's competancy?

Back 101

If because of some impairment existing at time of trial, D lacks either:
1. Sufficient present ability to rationally consult with his lawyer.
2. An understanding, rational or factual, of the proceedings against him.

Front 102

Crim Pro: What is the presumption and burden of proof for competency?

Back 102

1. Presumed competent.
2. Incompetency must be proved by a preponderance of the evidence.

Front 103

Crim Pro: What must the court do if there is a suggestion and some evidence of a defendant's incompetency?

Back 103

1. Have the defendant examined.
2. Hold a hearing
3. Make a determination of competency.

Note: Jury may be held by request of court or either party.

Front 104

Crim Pro: What happens when a defendant is found incompetent?

Back 104

1. Released on bail for treatment or confined to mental health facility for up to 120 days, extendable another 60 days.
2. After treatment or the period expires, prosecution proceeds if competent.
3. IF not competent, defendant may be committed for longer period.

Front 105

Crim Pro: What are two reasons why the court must order separate trials of defendants charged with the same offense?

Back 105

1. One defendant has a prior conviction admissible against him.
2. Joint trial would be prejudicial to one or more defendants.

Front 106

Crim Pro: What is the exception to the "one indictment, one offense, one conviction" rule dealing with several counts of intoxication manslaughter, sexual assault, or certain sexual offenses involving children?

Back 106

Charges may be tried together and defendant does not have an automatic right to severance. May still obtain severence if shows that joint trial would be prejudicial.

Front 107

Crim Pro: What motions must be made before trial?

Back 107

1. Motions to quash or set aside the charging instrument.
2. Motions and elections relating to the assessment of penalty, including election for jury sentiencing.
3. Motion to have jury consider recommendation for probation.

Front 108

Crim Pro: Crim Pro: Who may the court authorize to take a deposition? Why?

Back 108

1. Defendant or prosecution.
2. Finding of good cause.

Front 109

Crim Pro: Wht are the rights of a criminal defendant in pretrial discovery?

Back 109

1. Right to the witness list. (Unless found on indictment)
2. Right to inspect prosecution's evidence except written statements of witnesses and work product.
3. Right to know informant's identity if informant a material witness.

Front 110

Crim Pro: What is required to dismiss the trial upon state's motion?

Back 110

Filing of a written statemetn setting out reasons for dismissal and consent of presiding judge.

Front 111

Crim Pro: Who may raise the issue of venue?

Back 111

Either side or the court.

Front 112

Crim Pro: What is the standard for determing whether venue should be changed?

Back 112

Whether a fair and impartial trial to the moving party cannot be held in the location?

Front 113

Crim Pro: Where may venue be moved if changed?

Back 113

Another county in the same judicial district or an adjoining district.

Front 114

Crim Pro: For what reasons may a judge be disqualified from hearing a case?

Back 114

1. Judge is party injured.
2. Judge has been counsel for state or accused.
3. Judge is related in 3rd degree.
4. Bias, if would deny due process of law.

Front 115

Crim Pro: What is a traditional motion in limine? Nontraditional?

Back 115

1. Asks opposing party to approach and notify judge prior to developing specified matters before jury.
2. Asks court to address & rule on matters before trial.

Front 116

Crim Pro: What are the special requirements in insanity cases?

Back 116

1. Must give prosecution and court notice.
2. Court may appoint disinterested experts to examine defendant and give evidence concerning insanity.

Front 117

Crim Pro: What does an attorney or pro se defendant certify by the required signature to a pleading?

Back 117

That he has read the pleadings and reasonably believes after inquiry tha the document is not groundless, brought in bad faith, or brought for harassment, delay, or other improper purpose.

Front 118

Crim Pro: When does a defendant have the right to go to the jury on suppression issues? What is the burden of proof?

Back 118

1. When the evidence is challenged on grounds that it was obtained in violation of the Constitution or the laws of the U.S. or TX. or alleged involuntary confession.
2. State must prove beyond rsbl doubt evidence obtained legally.

Front 119

Crim Pro: What are the two parts of Texas criminal trials?

Back 119

1. Trial on the guilt or innocence.
2. Penalty trial.

Both may have jury.

Front 120

Crim Pro: What sort of verdict is required in a criminal trial?

Back 120

Unanimous.

Front 121

Crim Pro: When may a verdict be returned by less than 12 jurors?

Back 121

Felony - if one juror dies before charge is read to jury, remaining 11 may render, or after charge read if both parties agree, otherwise jury discharged.

Front 122

Crim Pro: What challenges for cause are available during voir dire?

Back 122

1. Not qualified voter
2. Has been convicted or charged with theft/felony.
3. Insane
4. Witness in case.
5. Bodily defect rendering unfit for service.
6. Related w/in 3d degree.
7. Served on grand jury or jury in previous case.
8. Has bias or prejudice.
9. Formed opinon re guilt that would influence verdict.
10. Illiterate.

Front 123

Crim Pro: Which jurors are absolutely disqualified, whether or not a challenge is raised?

Back 123

1. Insane.
2. Convicted or charged with theft or felony.

Front 124

Crim Pro: When must a conviction from a jury that included an absolutely disqualifited juror be reversed?

Back 124

1. If the defendant raised the matter before the verdict was entered.
2. Defendant shows significant harm resulting from the disqualified juror.

Front 125

Crim Pro: When may a defendant waive a jury trial?

Back 125

In any case except a capital case where state notifies court that it will seek the death penalty.

Front 126

Crim Pro: How many challenges does each side have in a capital murder case where the death penalty is being sought? Multiple defendants?

Back 126

1. 15
2. 8 per defendant.

Front 127

Crim Pro: How many preemptory challenges in a capital murder case where death penalty is not being sought or other felonies? Multiple defendants?

Back 127

1. 10
2. 6 per defendant.

Front 128

Crim Pro: How many preemptory challenges are allowed for misdemeanors in district court? County court? Justice/Municipal courts?

Back 128

1. 5, multiple 3 per.
2. 3, multiple 3 per.
5. 3

Front 129

Crim Pro: May peremptory challenges be based upon race? Who has the burden?

Back 129

1. No.
2. Defendant.

Front 130

Crim Pro: When may alternate jurors be substituted for regular jurors?

Back 130

1. Regular juros are unable to serve or become disqualified.
2. Parties agree and the court finds that a regular juror has good cause for not performing.

Front 131

Crim Pro: How many peremptories does each side get if three or four alternate jurors are to be impaneled? One or two?

Back 131

2.
1.

Front 132

Crim Pro: How many alternate jurors may be impaneled in criminal trials in district courts? County courts?

Back 132

4.
2.

Front 133

Crim Pro: What is the special procedure for jury selection in capital cases? How many alternates may be selected in cpaital cases?

Back 133

1. Juror dq if cannot state under oath that mandatory penalty of death or life imprisonment will not affect the juror's deliberations on any question of fact.
2. 2.

Front 134

Crim Pro: May confidential information about a juror be disclosed?

Back 134

Either party or a member of the media may apply for an order permitting disclosure, which may be granted for good cause.

Front 135

Crim Pro: When may defendant not be present at trial?

Back 135

1. W/prosecutor consent, at proceedings for fine-only misdemeanors.
2. If voluntarily absents self after being present for jury selection, trial may proceed but punishment cannot be imposed.

Front 136

Crim Pro: May a judge make remarks that convey her opinion of the case to the jury?

Back 136

No.

Front 137

Crim Pro: Who may move for a mistrial?

Back 137

Either side or can be declared by the court (as when a jury cannot agree)

Front 138

Crim Pro: When may a motion for directed verdict be made? What is the standard?

Back 138

1. At end of prosecution's case and again at end of all the evidence.
2. Evidence does not sustain a jury verdict of guilty.

Front 139

Crim Pro: What matters are jury arguments limited to?

Back 139

1. Summation of the evidence.
2. Reasonable deductions from the evidence.
3. Answers to arguments of opposing counsel.
4. Pleas for law enforcement.

Front 140

Crim Pro: What arguments are improper for jury arguments?

Back 140

1. Juror's personal view of counsel.
2. Attacks upon defense counsel.
3. Argument that the community demands conviction.

Front 141

Crim Pro: Who makes the last argument?

Back 141

The state. They generally make the first argument and the last argument.

Front 142

Crim Pro: When a defendant offers new evidence, after resting but before the charge is read to the jury, when is he NOT allowed to reopen?

Back 142

1. Will impede the trial.
2. Interfere with administration of justice.

Front 143

Crim Pro: What does the jury charge contain?

Back 143

An abstract of law and application to the facts of the case.

Front 144

Crim Pro: When should the jury be instructed on a lesser included offense?

Back 144

When the evidence introduced could reasonably be construed as showing that the defendant was not guilty of the charged offense but guilty of the lesser included offense.

Front 145

Crim Pro: When should the jury be told to return a verdict of not guilty by reason of insanity?

Back 145

1. When prosecution has proved beyond a reasonable doubt that defendent would be guilty.
2. Defendant has established by preponderance of the evidence that he was insane at the time of conduct.

Front 146

Crim Pro: What must the court do when the jury returns a verdict of not guilty by reason of insanity where the conduct involved serious bodily injury or attemnt or threat to cause same?

Back 146

Must commit to mental hospital; but cannot be confined longer than 30 days without hearing. Jury may not be told of this consequence.

Front 147

Crim Pro: What document is used to compel a witness to produce a document?

Back 147

A subpoena duces tecum.

Front 148

Crim Pro: What is the effect of a grant of immunity to a witness?

Back 148

Removes the privilege against self-incrimination.

Front 149

Crim Pro: To what criminal proceedings are the Texas Rules of Evidence fully applicable?

Back 149

1. Criminal trials in TX courts.
2. Bail hearings.
3. Examining trials.

Front 150

Crim Pro: Where must hearings on the admissibilty of evidence be conducted?

Back 150

Outside the presence of the jury.

Front 151

Crim Pro: When is relevant evidence inadmissible?

Back 151

Where its probative value is substantially outweighed by the danger of undue prejudice, confusion of issues, danger of undue delay, or needless presentation of cumulative evidence.

Front 152

Crim Pro: When is character evidence inadmissible to prove conduct? Admissible?

Back 152

1. Not admissible to prove person acted in conformity with character on particular occasion.
2. To substantiate claim of self-defense, D may introduce evidence that victim had violent character.

Front 153

Crim Pro: In a homicide prosecution, what evidence may the state introduce after the defense introduces evidence that the deceased was the aggressor?

Back 153

Evidence that the deceased had a peaceful character.

Front 154

Crim Pro: May the state prove the defendant's guilt by introducing evidence of bad character? Exceptions?

Back 154

1. No.
2. Sentencing proceedings or where the defense puts the defendant's character in issue.

Front 155

Crim Pro: When is reputation testimony admissible?

Back 155

When character is in issue.

Front 156

Crim Pro: Can the state introduce evidence of extraneous offenses or bad acts? Exceptions?

Back 156

1. No.
2. If relevant to other issues than "bad character", such as motive, opportunity, or common plan. Also in prosecutions for certain crimes against children.

Front 157

Crim Pro: May habit and routine practice evidence be introduced?

Back 157

Yes, to prove that a person's conduct on a particular occasion was in conformity with that habit.

Front 158

Crim Pro: In the special situation of homicide cases, what testimony may either side introduce?

Back 158

Testimony as to all relevant facts and circumstances re the killing, and the previous relationship betweent the accused and deceased. Includes condition of mind of accused at time of offense.

Front 159

Crim Pro: When is evidence of previous sexual conduct of a victim admissible?

Back 159

Probative value of evidence outweighs the danger of unfair prejudice and the evidence is:
1. Necessary to rebut state's medical evidence.
2. Offered on issue of consent.
3. Relative to victim's motive or bias.
4. Evidence of victim's conviction of crime admissible as impeachment.
5. Evidence that must, as a matter of constitutional law, be admitted.

Front 160

Crim Pro: What pleas are inadmissible?

Back 160

1. Withdrawn guilty or nolo contendere plea.
2. Any in-court statements regarding the plea.

Front 161

Crim Pro: What instruction must the court give to the jury regarding judicial notice?

Back 161

The jury may, but is not required, to accept as conclusive any fact judicially noticed.

Front 162

Crim Pro: What may the other side introduce when one side introduces all or part of a writing? Writings include deposition.

Back 162

1. Any other part of that writing.
2. Any other writing that out in fairness to be considered.
May do at same time of original writing.

Front 163

Crim Pro: What may the other side do when one party introduces part or an act, declaration, conversation, writing, or recorded statement? (Rule of Optional Completeness)

Back 163

"Prove the whole" by introducing the rest necessary to fully understand the admitted evidence. Must wait turn.

Front 164

Crim Pro: What privileges are treated the same as in civil litigation?

Back 164

1. Clergy privilege.
2. Privilege to disclose political vote.
3. Trade secret privilege.
4. Privilege for required reports.

Front 165

Crim Pro: Who may waive a privilege?

Back 165

The person who holds them.

Front 166

Crim Pro: When is a privilege waived?

Back 166

When a person calls as a witness a person to whom privileged communications have been made, and that person is called to testify as to the party's character.

Front 167

Crim Pro: What is covered by the attorney-client privilege?

Back 167

1. Any communications.
2. Any fact the lawyer learned by reason of the attorney-client relationship.

Front 168

Crim Pro: Does a defendant's spouse have the privilege not to be called as a witness? Exceptions?

Back 168

1. Yes.
2. Crime committed against spouse or minor child; matters occurring prior to marriage to defendant.

Front 169

Crim Pro: Does a spouse have a privilege to refuse to testify for the defense?

Back 169

No.

Front 170

Crim Pro: May the defendant's failure to call the spouse be commented upon?

Back 170

Yes. (Unlike all other privileges.)

Front 171

Crim Pro: Who may assert the spousal privilege? The privilege for marital communications?

Back 171

1. Only the testifying spouse.
2. Either spouse.

Front 172

Crim Pro: What are the requirements for the spousal privilege? The privilege for marital communications?

Back 172

1. Presently married to defendant.
2. Communication confidential and made when married.

Front 173

Crim Pro: What is the nature of the spousal privilege? The privilege for marital communications?

Back 173

1. In criminal trial only, privilege not to be called as witness.
2. Any trial, privilege to prevent disclosure of communications from one spouse to another.

Front 174

Crim Pro: What are the exceptions for the privilege for marital communications?

Back 174

1. Communications used to aid or enable commission of a crime or fraud.
2. Crime against spouse or household member or any child.

Front 175

Crim Pro: Who may claim the privilege for identiry of an informer? Who may object and disallow the privilege?

Back 175

1. A representative of the public entity to which the information was provided.
2. The state.

Front 176

Crim Pro: When is there no privilege for identity of informer?

Back 176

1. Voluntary disclosuer.
2. Informer has information on guilt or innocence.
3. Informer has information on legality of obtaining evidence.

Front 177

Crim Pro: What is the general requirement of first-hand knowledge?

Back 177

A witness may not testify to a particular matter without showing that the witness has first-hand knowledge of the matter.

Front 178

Crim Pro: Who are incompetent to testify?

Back 178

Insane persons, children, and others of limited intellectual ability.

Front 179

Crim Pro: What may an expert witness testify about?

Back 179

In opinion form or otherwise as to scientific, technical, or other specialized knowledge.

Front 180

Crim Pro: Upon what may an expert's opinion be based?

Back 180

Facts perceived by the witness personally or information otherwise obtained.

Front 181

Crim Pro: What is the standard of proof for a proponent of scientific evidence?

Back 181

Clear and convincing evidence.

Front 182

Crim Pro: Who may impeach a witness?

Back 182

Any party, including the party calling the witness.

Front 183

Crim Pro: What is the scope of cross-examination?

Back 183

Any matter relevant to any issue in the case. NOT limited to matters inquired into on direct.

Front 184

Crim Pro: When may leading questions be used on direct examination?

Back 184

Only if neccesary to develop the witness's testimony, or if witness is hostile, an adverse party, or identified with an adverse party.

Front 185

Crim Pro: How may evidence of a character of a witness be attacked? After? What is not allowed?

Back 185

1. Testimony that character for truthfulness is bad.
2. Credibility may then be bolstered by evidence of truthful character.
3. Credibility may not be attacked by inquiry into specific instances of conduct.

Front 186

Crim Pro: What must a party do who is intending to impeach a witness by showing a final conviction of crime?

Back 186

Give other party advance written notice; may do so by witness's admission or proving public records of the conviction.

Front 187

Crim Pro: When may a prior conviction be used for impeachment?

Back 187

1. If there has been a final conviction,
2. The conviction is not stale,
3. The crime involved moral turpitude or was a felony.
4. The probative value of the evidence outweighs any prejudicial effect.

Front 188

Crim Pro: When is a conviction stale?

Back 188

10 years.

Front 189

Crim Pro: When may a conviction otherwise usable, may not be used?

Back 189

When there has been a pardon or a certificate of rehabilitation.

Front 190

Crim Pro: When may extrinsic proof of a prior inconsistent statement be admitted?

Back 190

Only after a witness has been told of that statement, given an opportunity to explain or deny, and then denied.

Front 191

Crim Pro: What must be done to impeach a witness by inquiry into circumstances showing bias or interest?

Back 191

After said circumstances have been made known to the witness, and given an opportunity to explain or deny. Rebuttal evidence is permitted.

Front 192

Crim Pro: When is evidence of a witness's religous beliefs inadmissible?

Back 192

To show that such beliefs impair or enhance the credibility of the witness.

Front 193

Crim Pro: When are prior consistent statements of a witness admissibile?

Back 193

1. Declarant testifies at trial and is subject to cross-examination concerning the prior statement, and
2. The prior statment is offered to rebut a charge against the witness of recent fabrication or improper motive.

Front 194

Crim Pro: Crim Pro: To whom does the rule of exclusion of witnesses NOT apply?

Back 194

1. Defendant who is a natural person.
2. Officer or employee of corporate defendant.
3. Person whose presence is shown by a party to be essential to presentation of that party's case.
4. The victim, unless the court finds the victim's testimony would be materially affected by hearing other testimony.

Front 195

Crim Pro: To what is the other side entitled if a witness uses a writing to refresh their memory?

Back 195

1. Have the writing produced for inspection.
2. Cross-examine the witness on the writing.
3. Introduce into evidence those portions of the writing that relate to the testimony of the witness. (Court may excise irrelevant portions)

Front 196

Crim Pro: What is the "Use before the jury" rule?

Back 196

Allows counsel for either side to inspect any doucment, statement, photograph, etc, that has been used by the other side before the jury in such a way that its contents become an issue.

Front 197

Crim Pro: If inadmissible hearsay is admitted without objection, may it still be denied probative value?

Back 197

No.

Front 198

Crim Pro: What is the exception to the exception for public records and reports?

Back 198

Such records are barred insofar as they concern matters observed by law enforcement personnel.

Front 199

Crim Pro: When is a dying declaration admissible?

Back 199

1. Made while declarant believed death imminent,
2. Concenrs the cause or circumstances of what declarant believed was his impending death; and
3. Declarant unavailable as a witness.

Front 200

Crim Pro: What is the exception for statements against interest at time of makin?

Back 200

Admissible, if rsbl person in the declarant's position would not have made the statement unless she believed was untrue. Unavailability of the declarant not required. If against penal interest, must be corroborating circumstances.

Front 201

Crim Pro: When are out-of-court statements identifying a person upon perceiving him admissible?

Back 201

If the declarant testifies at trial and is subject to crossX.

Front 202

Crim Pro: What is the requirement for prior inconsistent statements to be admissible at trial?

Back 202

1. Declarant must testify at trial and be subject to crossX concerning the statement;
2. Statement must be inconsistent with testimony;
3. Statement must have been made under oath subject to perjury at trial or in a deposition, but not before a grand jury.

Front 203

Crim Pro: When may evidence unlawfully obtained be admitted?

Back 203

If the evidence is obtained by a law enforcement officer acting in objective good faith reliance on a warrant issued by a neutral magistrate based upon probable cause.

Front 204

Crim Pro: Who is a "child" for purposes of the child testimony statute?

Back 204

12 years of age.

Front 205

Crim Pro: What are the general requirements for the child testimony statute?

Back 205

1. Child must not be available to testify at trial.
2. No in-court testimony except on showing of good cause.
3. In-person identification of accused by child required.

Front 206

Crim Pro: When are depositions admissible in criminal cases?

Back 206

Only upon proof of unavailability of the witnesses.

Front 207

Crim Pro: When are photographs admissible? When may the court exclude otherwise admissible photographs?

Back 207

1. If a verbal description of the crime scene, victim, or body of the deceased would be admissible, a properly authenticated photograph of the same is also admissible.
2. If the probative value is outweighed by inflammatory potential.

Front 208

Crim Pro: Is lie detector evidence admissible? May parties stipulate as to its admissibility?

Back 208

No.
No.

Front 209

Crim Pro: To which statements does the confession statute apply?

Back 209

ALL statements of the accused that result from official custodial interrogation.

Front 210

Crim Pro: What are the requirements for a written confession?

Back 210

1. Must be signed by the defendant.
2. Show that Miranda warnings given.
3. Show that rights waived before and during confession, knowingly, intelligently, and voluntarily.

Front 211

Crim Pro: Are oral confessions admissible?

Back 211

Generally, no.

Front 212

Crim Pro: When can a defendant's oral statement be used to prove their guilt?

Back 212

1. Judicial statement
2. Res gestae of the offense or arrest.
3. Partially corroborated.
4. Electronically recorded.

Front 213

Crim Pro: What is the two-witness rule for conviction of perjury?

Back 213

1. Testimony required of more than one witness, other than the defendant, unless state can show that defendant made inconsistent statemetns under oath.

Front 214

Crim Pro: Against what is the question of whether evidence is sufficient to prove guild measure?

Back 214

A hypothetical jury charge. Does not include matters mistakenly included in the actual jury charge.

Front 215

Crim Pro: What is the accomplice witness rule?

Back 215

Conviction cannot rest on uncorroborated testimony of an accomplice. Corroborating evidence must tend to connect defendant with commission of the offense. Not needed in prostitution and gambling offenses.

Front 216

Crim Pro: What are the circumstances under which a conviction for a sexual offense can rest on the uncorroborated testimony of the victim?

Back 216

Where the victim:
1. Informed any person, other than the devendant, within one year;
2. Was 17 or younger at time of offense;
3. Was 65 or older at time of the offense;
4. Was unable to satisfy her own need for good shelter, medical care, or protection from harm at the time of the offense.

Front 217

Crim Pro: What is the "corpus delecti" rule?

Back 217

Conviction cannot rest on a confession alone, there must be corroboration. Corroborating evidence must tend to show someone committed a criminal act; need not connect the defendant.

Front 218

Crim Pro: Does the state need to disprove exculpatory provisions of a defendant's confesion introduced into evidence by the state?

Back 218

No.

Front 219

Crim Pro: If there is a material variance between the detailed allegations in the indictment and the proof of trial, what was traditionally required? What is a material variance?

Back 219

1. Acquittal.
2. Variance is material only if operated to defendant's surprise or otherwise prejudiced defendant's rights.

Front 220

Crim Pro: What is the revised variance rule?

Back 220

Whether the evidence is sufficient to support a conviction in a variance situation is to be determined by the hypothetical jury charge analysis. Critical question is whether an unproved allegation must be incorporated into that hypothetically correct charge.

Front 221

Crim Pro: What is a material variance for purposes of the revised variance law?

Back 221

A variance is material only if the indictment with the incorrect allegation failed to inform the defendant of the charges sufficiently to allow the defendant to present a defense.

Front 222

Crim Pro: What are the two posttrial stages?

Back 222

1. Assessment of punishment proceeding (right to have jury determine guilt or innocent)
2. Imposition of punishment proceeding (begins time running for purposes of determining timeliness of other actions)

Front 223

Crim Pro: If the defendant does not want to have the judge determine the sentence, what must he do?

Back 223

1. Make a written election for jury sentencing before voir dire. After guilty verdict, may change election only with consent of prosecutor.

Front 224

Crim Pro: What is the requirement to be eligible for community supervision?

Back 224

Sentence assessed does not exceed 10 years imprisonment.

Front 225

Crim Pro: Crim Pro: What must the defendant do in order to be eligible for community supevision? What must the jury find?

Back 225

1. A sworn motion for community supervision.
2. A finding that there was no prior felony conviction.

Front 226

Crim Pro: What two elements, found together, disallow a jury from recommending commmunity supervision?

Back 226

1. Defendant was convicted of the sale of a controlled substance to a minor.
2. and defendant was 21 or older at the time.

Front 227

Crim Pro: Who may recommend an eligible defendant for community supervision? What basis is disallowed for denail of community supervision? May conditions be imposed?

Back 227

1. The trial judge.
2. Lack of fluency in English.
3. Yes.

Front 228

Crim Pro: For what reasons may community supervision be revoked after a hearing?

Back 228

A showing that the defendant violated the terms of the community supervision.

Front 229

Crim Pro: What is the effect of successful completion of community supervision? What if the defendant commits another crime?

Back 229

1. Court may set aside the verdict of guilty and dismiss the charge. The charge may not be used as witness impeachment or sentence enhancement later.
2. Fact of conviction shall be made known to the court; precludes finding of no prior felony conviction.

Front 230

Crim Pro: What is "shock" community supervision?

Back 230

Allows a judge to suspend the execution of the remainder of a sentence of imprisonmnet after defendant has served no more than 180 days, and put defendent on comm. supervision.

Front 231

Crim Pro: When can a judge place a defendant on deferred adjudication?

Back 231

When this serves the best interests of the defendant and society.

Front 232

Crim Pro: What is deferred adjudication?

Back 232

Judge places defendant on community supervision without determining guilt.

Front 233

Crim Pro: What happens if a defendant successfully completes deferred adjudication? Fails to complete?

Back 233

1. Judge dismisses defendant.
2. Judge may adjudicate guilt and sentence defendant on finding of guilt.

Front 234

Crim Pro: What are the requirements for a defendant to be eligible for deferred adjudication?

Back 234

1. D has offered to plead guilty or nolo contendre, and
2. The crime is not an intoxication offense, continuous sexual abuse of a child, or aggravated sexual abuse of a child.

Front 235

Crim Pro: What is the procedure to impose deferred adjudication?

Back 235

1. Judge must recieve D's plea and hear evidence that substantiates guilt.
2. Inform D that violating conditions will allow the judge to adjudicate and impose whatever sentence originally could have been imposed.

Front 236

Crim Pro: For what convictions would a defendant be ineligible for judge-ordered community supervision?

Back 236

1. Murder
2. Indecency w/child by sexual contact.
3. Aggravated kidnapping
4. Sexual assault
5. Robbery
6. Drug offenses in school area
7. Sexual performance by a child
8. Intentional injury to child resulting in serous bodily injury.

Front 237

Crim Pro: For which convictions would a defendant be ineligible for jury-recommended community supervision?

Back 237

1. Murder
2. Indecency with a child under 14 by contact
3. Aggravated sexual assault of child under 14
4. Aggravated kidnapping of child under 14 w/intent to sexually abuse
5. Sexual performance by a child.

Front 238

Crim Pro: What is the maximum length of community supervision in a felony case? Misdemeanor?

Back 238

1. 10 years (some situations, 5 years)
2. 2 years.

Front 239

Crim Pro: What evidecne may be offered at the jury sentencing hearing?

Back 239

Any matter court deems relevant to sentencing, including prior criminal record and character, circumstances of offense, and extraneous crimes or bad acts.

Front 240

Crim Pro: What notice must the state give upon timely request to the prosecutor regarding evidence at the sentencing hearing?

Back 240

1. Date of any bad act or crime alleged.
2. County wherein the act or crime occurred.
3. Name of victim of act or crime.

Front 241

Crim Pro: What is the state's burden of proof for bad acts and crimes of which the defendant has not been convicted?

Back 241

Beyond a reasonable doubt.

Front 242

Crim Pro: What rules of evidence apply at a sentencing hearing? Exception?

Back 242

1. TRE.
2. General prohibition against state proving bad character does not apply at sentencing.

Front 243

Crim Pro: What verdict is required on the penalty?

Back 243

Unanimous, otherwise a mistrial must be declared.

Front 244

Crim Pro: If a mistrial is declared on the punishment, what may happen?

Back 244

A retrial limited to punishment may be held.

Front 245

Crim Pro: What is the special instruction required on life imprisonment?

Back 245

If the defendant is sentence to life imprisonment rather than death, defendant will not be eligible for release on parole.

Front 246

Crim Pro: What evidence and arguments may be presented at a separate hearing before the same jury when a defendant is convicted of capital murder?

Back 246

Evidence: Any matter court deems relevant (except race or ethnicity to prove dangerousness)
Arguments: Why or why not the death penalty should be imposed.

Front 247

Crim Pro: What are the three issues submitted to the jury in determining capital sentencing?

Back 247

1. Whether there is a probability that D would commit criminal acts of violence that would constitute a threat to society.
2. Whether D actually caused death of victim, intended to kill victim, or anticipated that human life would be taken
3. Whether there are sufficient mitigating circumstances to warrant life imprisonment.

Front 248

Crim Pro: What right does a defendant have at the formal pronoucement of sentence? The victim or relative of deceased victim?

Back 248

1. "Right of allocution" - personally state reason why sentence should not be pronounced.
2. Victim impact statement.

Front 249

Crim Pro: What must the state allege and prove in order to increase a penalty for a criminal offense?

Back 249

Prior convictions.

Front 250

Crim Pro: What happens if to the penalty for a felony offense if a prior felony conviction is proved? Two prior felonies?

Back 250

1. Felony offense is moved into next most serious category.
2. Must be sentenced to life or 25 to 99.

Front 251

Crim Pro: What biological/DNA material must be preseved?

Back 251

Evidence that would more likely than not:
1. Establish the identity of the person committing the offense; or
2. Exclude a person from a group of persons who could have committed the offense.

Front 252

Crim Pro: What are the grounds for granting a new trial?

Back 252

1. Bribery of a juror.
2. Intentional destruction of exculpatory evidence.
3. Verdict contrary to the law and evidence.

Front 253

Crim Pro: When must a defense motion for a new trial be filed? Presented to the Court?

Back 253

1. 30 days after formal sentencing.
2. 10 days after filing. (Trial judge may allow 75 days after formal sentencing)

Front 254

Crim Pro: What is the standard for newly discovered evidence in allowing a new trial?

Back 254

Evidence must be material.

Front 255

Crim Pro: When is there a right to appeal after trial de novo on appeal?

Back 255

1. The fine imposed by the county court exceeds $100, or
2. The sole issue is the constitutionality of the statute or ordinance on which the conviction is based.

Front 256

Crim Pro: When may a defendant appeal after pleading guilty or nolo contendre?

Back 256

1. Trial court grants permission to appeal
2. Matter was raised by written motion and ruled on before trial.

Front 257

Crim Pro: When is an appeal perfected?

Back 257

When any required notice is given.

Front 258

Crim Pro: When must notice of an appeal be given?

Back 258

Within 30 days of formal sentencing. (90 if motion for new trial has been filed) An extension may be granted.

Front 259

Crim Pro: Upon appeal, the record must contain the trial judge's certification of the right to appeal. What does it state?

Back 259

Whether the case is a plea bargain case, and if so, why the defendant has the right of appeal despite the nature of the case.

Front 260

Crim Pro: What does the record on appeal consist of?

Back 260

1. The clerk's record.
2. The Court Reporter's record.
3. Docketing statement by appellant.

Front 261

Crim Pro: Who has the responsibility to make sure that a sufficient record is presented to the appellate court?

Back 261

The appealing party.

Front 262

Crim Pro: When must the appellant file their brief? The appellee?

Back 262

1. Within 30 days of the filing of the clerk's record or the reporter's record.
2. 30 days after the appellant's brief.

Front 263

Crim Pro: When may a motion for rehearing be filed?

Back 263

Within 15 days after the court of appeals' judgment. Not required to preseve error.

Front 264

Crim Pro: Why did I stop at this point?

Back 264

Because Texas Criminal Procedure is at most 5% of the bar exam.