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21 Cards in this Set

  • Front
  • Back
In Texas, when do officers have the authority to break a suspect's door in order to gain admittance to his home?
1. Have probable cause to believe that suspect committed a felony

2. They announced the authority and purpose of entry (to execute the search warrant)

3. They were refused admittance after announcing
When must a defendant be taken before a magistrate?
Within 48 hours of arrest. This must occur without unnecessary delay.
What are the duties of the magistrate at the initial appearance?
1. Inform D of the charges
2. Tell D he has right to retain counsel and the right to an examining trial
3. Right to remain silent
4. Any statement he makes can be used against him
5. Has the right to have an attorney present during questioning
6. He can request an appointed attorney
7. At any time he can terminate an interview with the police
8. Set Bail
What is an examining trial?
A pretrial hearing before a magistrate
What is the purpose of an examining trial?
To require the State to establish probable cause that the defendant is guilty of the crime
What items are required to in a Texas search warrant?
1. Runs in the name of "The State of Texas"
2. specification of person, place or thing to be search
3. specification of items to be seized
4. endorsement of date & hour issued
5. signature of issuing magistrate
Where is venue proper?
Venue is generally the county where the crime is committed

If unclear where in Texas the crime took place, venue may be:
1. County where defendant lives;
2. County where defendant was arrested; or
3. County where defendant was extradited
When must the defendant raise the issue of venue?
defendant must raise venue before verdict, otherwise there can be no reversal
What should defense counsel file to seek a reduction in bail?
1. Application for writ of habeas corpus; or

2. Motion to reduce bail
What arguments could defense counsel make in support of bail reduction?
1. Bail is excessive and/or unreasonable;

2. Bail is designed to secure the defendant's appearance and protect the community, not just to incarcerate him
What are the requirements for waiving indictment?
1. D must be represented by counse;

2. Waiver must be made in writing or in open court; and

3. Waiver must be knowing, voluntary and intelligent
Does defense counsel have to reveal the defendant's criminal history?
defense counsel cannot reveal defendant's criminal history
What procedures must defense counsel follow to take a witnesses' deposition?
1. File an application showing good cause for the deposition;

2. Give notice to the State; and

3. The Court will hold a hearing and grant or deny the application
Can the State discover defense witnesses?
Yes and No

The state cannot discover D's fact witnesses but it can discover D's expert witnesses
How the court rule on the State motion to disclose the defense's fact and expert witnesses?
Grant the motion in part for disclosure of the expert witnesses

Deny the motion in part as to the fact witnesses (defense is not required to reveal confidential information)
Are subpoena for criminal cases subject to any distance limitation?

Subpoenas in criminal cases are valid statewide

The "150 mile" rule only applies to civil cases
What recourse does a party have if a witness refuses to obey a subpoena?
The party can seek a writ of attachment.

The attachment directs a peace officer to find the witness and bring the witness before the court
Who elects whether to try the case to the court or to a jury?
The defendant elects pretrial whether to have the case tried to the court (with consent of the State) or to a jury
Does the defendant have to elect the same trier of fact for the guilt/innocence phase as the punishment phase?

The election need not be the same for both phases of the trial
What three matters must the court determine regarding a prospective juror's legal qualifications to serve?
1. Juror must be a qualified voter in the county and state.

2. Juror must not have been convicted of theft or any felony; and

3. Juror must not be under indictment or accusation of theft or any felony
When may the defense give its opening statement?
The general rule is that the defense gives its opening statement after the State rests its case-in-chief

However, the defense can request to give its opening statement immediately after the State gives its opening statement