6. Pretrial Rights Flashcards
What is a right to speedy trial in Georgia?
A motion for a speedy trial may be filed to require that the defendant’s federal constitutional right for a speedy trial not be violated. Upon the filing of a motion for a speedy trial, the trial court must arrange for the defendant’s case to be heard within 2 court terms. If the case is not heard within that period, it must be dismissed with prejudice.
Discovery by the Defense
Under Georgia law, the prosecution must provide the defense with the indictment and a witness list before arraignment. Witnesses not on this list cannot testify unless the prosecution shows they were newly discovered.
Under Georgia law, at least 10 days before trial or as ordered by the court, the prosecution must provide the defense with:
1. Any statements the defendant made during law enforcement interrogations.
2. Statements by co-conspirators that could be used against the defendant.
3. The defendant’s criminal record.
Any tangible evidence and results from physical, mental, or scientific examinations intended for use in court.
Discovery by the State
Under Georgia law, the defense must allow the state to inspect and copy the following discovery within 10 days of receiving discovery from the state, but no later than five days before trial:
- Books, papers, and other tangible things the defense intends to use;
- The results of physical or mental examinations of scientifc tests that the defense intends to use; and
- In the case of oral reports, the defendants must reduce the relevant parts of the report to writing and serve it on the state.
Sanctions for Failure to Comply with Discovery;
Under Georgia law, the failure to comply with discovery can be cured by the court:
- Ordering the discovery be disclosed;
- Granting a continuance; or
- If there is bad faith or prejudice, the prohibition of using the evidence at trial.
What does the Sixth Amendment guarantee regarding trials?
The right to a speedy trial in both federal and state courts
This right is enforced through the Fourteenth Amendment.
What happens if the right to a speedy trial is violated?
The charges against the defendant are completely dismissed.
When does the right to a speedy trial attach?
Once a defendant is ‘accused,’ such as upon arrest or filing of charges.
Can pre-arrest delays violate due process?
Yes, but only if sufficient prejudice is found.
What inference is raised by a long interval between arrest and indictment?
It raises the inference of a violation, even if the defendant was released after the arrest.
What does the Speedy Trial Act of 1974 require?
Federal indictment within 30 days of arrest and trial within 70 days of indictment.
What factors do courts consider when judging violations of the right to a speedy trial?
- Length of the delay
- Reason for the delay
- Defendant’s assertion of the right
- Prejudice to the defendant
Is a five-month delay unreasonable if the statute of limitations for murder is five years?
No, a five-month delay is not considered unreasonably long.
When is the right to a speedy trial waived by a defendant?
When a defendant willfully delays the trial by filing a pretrial motion or seeking a suppression hearing.
What does the court evaluate when the prosecution delays a trial?
- Good faith of the delay
- Justifiability of the delay
What must the defendant be informed of during the Discovery Stage?
The charges against her in sufficient detail to allow for an adequate defense.
Do state courts have to grant the same discovery rights to the defense as the prosecution?
Yes, they must grant the defense the same discovery rights given to the prosecution.
What limited right does the prosecution have during discovery?
To compel disclosure of some information by the defendant.
What must a defendant notify the prosecution of regarding an alibi defense?
- Names and addresses of any alibi witnesses
- Any witnesses refuting the alibi
Can the prosecutor comment on a defendant’s failure to present an alibi at trial?
No, the prosecutor may NOT comment on this failure.
Under what circumstances can a defendant be impeached with their alibi defense?
- Given notice of one alibi
- Testifies to a different alibi
What is the privilege of self-incrimination in relation to alibi defense disclosure?
It is NOT violated by this disclosure.
What can the prosecution require if a defense witness made a pretrial statement?
- Disclosure of relevant portions of the statement at trial
- Report relevant to the witness’s testimony
What constitutes a violation of due process regarding exculpatory information?
Failing to disclose evidence that is both favorable and material to the defense.
What does favorable evidence include?
- Evidence responsive to a specific request by the defense
- Evidence that is clearly exculpatory if no specific request is made
When does the disclosure obligation apply?
Prior to trial, with no obligation to disclose before plea bargaining.
What must the defense prove if they learn of undisclosed favorable information after trial?
- The evidence was material
- It could reverse the conviction or sentence
What is considered material evidence?
Evidence that creates a reasonable probability of a different outcome considering the entire record of trial.
Fill in the blank: Evidence is considered material if it creates a reasonable probability of a _______.
[different outcome].
