crim-? Flashcards
D pleads guilty to felony
When a defendant in a case of felony pleads guilty or nolo contendere, if the punishment is not absolutely fixed by law, a jury must be impaneled to assess the punishment unless she waived her right to trial by jury.
want pros to turn something over
The prosecutor must produce the machine upon my motion showing good cause. I should file a motion to inspect the device, and upon my showing of good cause, the court will require the State to produce for inspection and copying any unprivileged evidence within its control or custody, including the machine.
want probation
To be eligible for community supervision, a defendant must file a written sworn application (affidavit) before the trial begins stating that she has never been convicted of a felony. Failure to file this in a jury case until after trial starts waives the right to have the jury consider it.
even felony in another state
shuffle
I may request a jury “shuffle,” or the re-seating, in random order, of the prospective jurors in the venire panel. On request of either party, the judge must order the clerk to randomly shuffle the jurors’ names and place them on a new list, but only one shuffle is permitted and must be conducted before voir dire.
hypo in voir dire
Hypothetical questions that attempt to commit prospective jurors to a certain punishment verdict based on facts peculiar to the case on trial are improper. The State’s line of questioning was improper as it suggests a pre-determined determination of guilt, and the court should sustain my objection.
witness’s prior misconduct
Texas does not allow a witness to be cross-examined about prior misconduct that demonstrates the witness’s bad character for truthfulness, and such evidence cannot be offered through extrinsic proof either. The court should uphold the Prosecutor’s objection and not allow this cross-examination.
jury has a question
The jury is allowed to review any evidence admitted at trial, and it is within the court’s discretion to allow trial witness testimony to be reviewed by the jury. The jury should simply request a copy of the transcript of the testimony in question and review it.
standard of review for appellate
In considering a sufficiency of the evidence challenge, the appellate court reviews the evidence in the light most favorable to the verdict and determines whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. If that standard is met, the verdict is not reversed for insufficiency of evidence.
