Crim Flashcards
Are misdemeanor offenses hear in County or District Courts?
Misdemeanor offenses are heard in County Court; specifially any misdemeanor offense punishable by a fine of over $500 dollars and less than one year of confinement. District courts only hear felony cases and certain stautorily prescribed misdemeanors.
What court has jurisdiction over felony cases?
Only district courts have jurisdiction over felony cases.
What is the formal charging document called in a misdemeanor case?
The formal charging document is called an information; which must be filed with a criminal complaint. An information is a written statement filed by the prosecutor with an attached affadavit; charging the accused with a criminal act.
What is the procedure called where the judge asks the D how she pleads to the charge?
The procedure is called an arraignment.
If the D does not answer the judge at the arraingment; whet plea should be noted in the record?
When an accused fails to answer a plea; a plea of not guilty should be entered. Accordingly; the judge should enter a plea of not guilty.
What is the statute of limitations for a felony?
3 years
What are the requisites of a search warrant under the TxCCP
A search warrant must include (1) a sworn affadavit (2) setting out the facts showing probable cause. (3) state the place or thing to be searched; (4) state the items to be seized; (5) the signature of the issuing magestrate.
If evidentiary search warrant sworn affadavit states the particular evidence is located in D’s home and the home’s correct address; is it sufficient as an evidentiary search warrant?
No. An evidentiary search requires that the affadavit establish probable cause : (i) of the specific offense that has been committed; and (ii) that the described property is evidence of that offense.
How many days do police have to execute a search warrant?
Police have three days to execute a search warrant; not including the date of issuance or day of execution.
Must deputy obtain one warrant authorizing Suspect’s arrest and a separate warrant authorizing the search of Suspect’s truck?
No. Under the TxCCP; Deputy may procure a combination search and arrest warrant.
Is arrest without a warrant valid when arrested person is one of 8 employees at a gas station where police where told someone was videoing people in the bathroom and the police arrested the person because he was the only one present at the gas station when the police arrived?
Proably not. The TxCCP requires a warrant to arrest with only a few exceptions. It is possible the situation would fall under the exception for a suspect found in a suspicious place; but that would be a weak argument. Other exceptions–offense being committed in view; suspect about to escape; violating protective order; suspect confessing to officer aobut a felony–are not applicable here.
Is arrest without a warrant valid if pawnshop owner recognizes goods are stolen and calls police who arrived and arrested Ds for possession of stolen goods?
Yes. A police officer can make an arrest without a warrant when an offense is committed in their presence. Here; the police officer was given information from a credible source; and when he arrived; he found Wyatt and Billy in possession of stolen goods. Therefore; the probable cause and warrantless arrest was proper. (also could have said exigent circumstances becasue D’s could have escaped if waited for an arrest warrant)
Is an arrest warrant required when officer sees person in. a motel parking lot with a handgun in his waistband?
No. An officer may conduct a warrantless arrest when the offender commits; in the officer’s view; a felony or a misdemeanor that is against the public peace. Misdemeanor unlawfully carrying a weapon is a breach of the public peace. Additionally; prosecutor could argue that D was found in a suspicious place; which would also authorize a warrantless arrest
Three requirements of a warrantless arrest based on person’s statement that the suspect committted a crime? (suzi tells officer bobby kidnapped her and bobby is in motel lobby and can get to his car)
An officer can make a warrantless arrest when; based on information from a credible person; the officer believes (has probable cause that) a felony has been committed and the suspect is about to escape.
If a magistrate can issue an arrest warrant can the magistrate issue a summons instead?
Yes. A magistrate may; in his discretion; issues a summons rather than an arrest warrant. The summons directs the person to appear but does not authorize the taking of a person into custody
Is an offficer authorized to arrest a person in one county on basis of arrest in warrant that was issued in another county?
Yes. Under Tx CCP a valid arrest warrant issued by a magistrate extends to every part of the state. Any peace officer is authorized to execute the warrant.
What are the requirements of an arrest warrant? (name three)
(1) Must be issued in the name of the state of Texas; (2)Individual’s name: it must specify the name of the person to be arrested or reasonably definite description of the person; (3) The offense: it must name the offense; (4) Signature of the magestrate: and (5) name his/her office.
Can officer arrest person without a warrant based on seeing her in a photograph with two other suspects?
No. She did not commit an offense by being in the photograph; the officer had no warrant; the officer had no probable cause to believe she had committed the crime; the officer did not observe her commit a felony in his presence.
Within what time must arrested person be brought before a magestrate? What if not done within that time? If arrested in one county and taken to another county and taken before a magistrate 36 hours after his arrest; was he taken before the magistrate in a timely manner?
Yes; An arrestee must be brought before a magestrate without unneccessary delay; but not later than 48 hours after arrest. If not done; then D has right to be actually released on bail and to have bail set so he can make it It may require personal bond—must be no more than $10K Can be taken before a magestrate in another county if it is more expeditious.
Name three rights about which a magistrate should advise the accused.
CHOOSE ANY THREE: The magistrate should advise the accused of the accusations against her; her right to counsel; her right to remain silent; to have an attorney present during questioning; her right to terminate an interview at any time; and her right to an examining trial.
Within what time must an appointed attorney contact the accused?
Appointed attorney must make every reasonable effort to contact D no later than the end of the first working day after the date appointed. If attorney fails to do so; the court may replace the attorney.
If D wants to pose bail and courts are not in session; may anyone other than a judge set and take bail from D? Who; besides a court; may take the D’s bail bond in the amount set by the magestrate?
Yes; the sheriff and peace officer can set and take bail. In felony cases; peace officer can set reasonable bail if court in which case is pending is not in session in the county and no bail has been set by a judicial officer. In misdemeanor cases; peace officer having a suspect in custody may set bail and take it from the suspect if a magistrate is not available. Any peace officer; sheriff; or jailer may take the bail bond.
Can a person charged with a felony be denied bail?
No; a charged felon cannot be denied bail; the Texas Constitution provides that criminal defendants have a right to bail
What facts in a D’s prior criminal record would allow the judge to deny bail?
Judge can deny bail if D (i) has two prior felony convictions; (ii) ocmmitted the crime while out on bail for another felony; (iii) had a prior felony conviction and committed the current one with a deadly weapon.
Can a magestrate impose a condition for bail on the D that he cannot have any contact with the V?
Yes; a magestrate may impose any reasonable condition on bail related to the safety of the V or the community.
How can a D satisfy his bail requirement?
- bail bond - surety assumes responsibility for bail or D must deposit cash with the court in the amount of the bond. 2. Personal bond: D promises to pay the amount of the bond if he fails to appear and that amount is forfeited.
What is a personal bond; and what is one way that it differs from a bail bond?
Under a personal bond; an amount is set and the defendant must pay it if he fails to appear. It differs from a bail bond because no security is required. A bail bond requires security in the form of a surety or a cash deposit.
What are the three rules for fixing the amount of bail?
The court must consider: (i) the nature of the charged offense; (ii) the D’s ability to make bail; and (iii) the future safety of the victim and community. Bail is to be sufficiently high to ensure the D appears for court settings and for trial. Bail must not be set so high as to be an instrument of oppression.
If D denied bail; what procedural step can you take to challenge that ruling; and what are two of the requisites of that procedural step?
You can file a petition for a writ of habeas corpus. The requisites for a petition are: (i) state that the D is illegally restrained and by whom; (ii) attach a copy of the order confining the D; (iii) pray for a writ of habeas corpus; (iv) swear that the allegations in the petition are true.
What procedure to seek a reduction in bail and argument to make to support it
File a writ of habeas corpus in district ct Argue Bail is being used as instrument of oppression. Also that there is strong likelihood D will appear for trial and that D cannot affort the higher amount.
If D is indigent and asks judge to provide lawyer at no cost; and is accused of a crime punishable by jail confinement; what should the judge do?
A defendant is entitled to counsel at any adversarial proceeding that could result in incarceration. Because the crime is punishable by incarceration and the D is indigent; the court should appoint her a lawyer.
Can magistrate deny arrestees request for appointment of counsel based on the ground that she was able to afford bail?
No. The magestrate’s ruling was not correct. In determining whether a D is indigent; the court cannot consider whether the D has posted bail. Thus it was an error to base the decision on the fact that the accused was able to afford bail.
What is a complaint? What are the requirements of a complaint?
A complaint is a sworn statement that alleges there is probable cause to believe someone committed a crime. Requirements are: in writing; name the offfense and date of crime (if knowable); specify the name or description of the accused.
What is a capias?
A capias is a writ issued by a judge that directs a peace officer to arrest a person accused of a crime and to bring the accused before the court immediately or on a specified day.
If D cannot afford hiring a psychiatrist and you realize you should present the defense of insantiy at trial; must you forgo hiring the psychiatrist? Is lawyer entitled to reimbursement from the court for hiring a mental health expert when D is indigent and (idicates she was told to commit crime from voices in her head_?
No. Due process entitles an indigent D to the appointment of an expert; including a psychiatrist; if the experts’ expertise is likely to be significant to the case. Lawyer is entitled to reimbursement form the court for hiring a mental health expert to determine if D is competent/was insane - if such is deemed necessary for D’s defense.
Should D atty consider raisinng (a) incompetency (b) insanity; or © both as a defense at jury trial when D states to attorney that he was unaware of what he was doing at time of offense and that he had a mental episode that caused him to lose all control of his brain but tells you he is fine now?
You should raise insanity becasuse D might have been insane at the time he committed the crime; which would be. Defense. By contrast; incompetency refers to D’s inability to stand trial because he does not understand the proceedings or lacks the ability to consult with counsel. Incompetency is not a defense to the crime. You should have D examied by a mental health expert to ensure he is competent to stand trial.
Can the defense keep its plan to offer an insatnity defense a secret from the proseuction on gorunds that it was privileged inforamtion prior to trial?
No. a D planning to offer evidence of the insanity defense must file with the court a notice of the D’s intention to offer that evidence. If the court has scheduled a pretrial heaing; the D must give notice at the hearing. If there is no pretrial hearing; the notice must be filed at least 20 days before the trial date. A copy of the notice must be served on the prosecutor.
If D is charged by indictment; does D have right to examining trial?
No; once D is indicted D does not have right to examining trial.
Examining Trial. List 3 rights that D has at an examining trial.
(1) Presence; to cross examine or confront the witness (2) Right to counsel; subpoena witness (3) Right to make an unsworn statement (4) Right to remain silent or assert the 5th Amendment privilege
Examining Trial. If D is charged with a felony but not yet indicted; is she entitled to a proceeding in which the truth of the accusation against her will be considered? If there is such a proceeding; what is it and what determination will be made?
Because the D has been charged yet not indicted; she is entitled to an examining trial. At an examining trial; the magestrate will determine if there is enough evidence to demonstrate probable cause to believe D is guilty of the crime.
What is an examining trial? (or purpose of examining trial
An examining trial is a pretrial hearing to determine whether probable cause exists to believe the D is guilty of the crime.
What warning must the magestrate give the D before the examination of any witnesses at his examining trial?
The magistrate shall inform the accused that it is his right to make a statement relative to the accusation brought against him; but at the same time shall also inform him that he cannot be compelled to make a statement. Also if the accused does make a statement; it can be used against him. (HMM - see answer on three rights - it says D has right to make unsworn statement – check this - is this instead for grand jury testimony by D?)
If a witness testifies as to what a third party told them previously during an examining trial can the testimony be objected to? Is the answer different if the testimony were given during a jury trial?
Yes. That statement would be hearsay because it was made out of court and is being offered for its truth and the statement does not fall within a hearsay exception. The same rules of evidence applicable at trial also apply during the examining trial; so the answer would not be different if the proceeding were a jury trial.
Do the rules of evidence apply at an examining trial? Prosecutor introduced hearsay evidence and claimed rules of evidence did not apply.
Prosecutor is incorrect. The same rules of eivdence that govern a criminal trial also apply to an examining trial.
May defense attorney cross-examine witnesses at examining trial?
Yes; An examining trial is an adversarial proceeding inn which the prosecutor demonstrates there is probable cause to believe the D is guilty of the crime. The defense has the right to cross-examine witnesses at an examining trial.
Is it permissible to conduct an examining trial in without te accused’s presence?
No. The accused has a right to be presentat the examining trial. In order to challenge the evidence against him and consult with counsel; the accused must be allowed to be present.
Is a defendant’s statement in his examining trial required ot be under oath?
No. Ordinarily testimony at an examining trial is sworn and under oath. However; the TxCCP affords the D the right to make a voluntary statement before the examination of any witnesses. The D’s statement is transcribed by a court reporter but is not sworn under oath.
Hearsay at examining trial How should court rule on D lawyer hearsay objection when prosecutor calls officer to testify as to what a witness told him about the D? Would the answer be different if this was a jury trial?
The court should sustain the objection. It would not make any difference in the answer if this were a jury trial. The same rules of evidence govern an examinining trial and a final trial.
Who selects the people to serve on the grand jury? How is a grand jury formed? 2/18; 2/17; 2/19
Grand jurors are selected either (i) by grand jury commissioners by the district judge; or (ii) in the same mannerin which trial jurors are selected for civil cases. The prospective jurors are summoned to the district court; which tests their qualifications and then impanels 12. By summons from a fair cross section of the community like a petit jury.
What should D do if officer acted corrruptly in summoning many of the people for Grand Jury service?
Should make a challenge to the grand jury array on the grounds that the CCP requires that grand jurors represent a broad cross section of the population considering age; sex and race. If counsel has this informaiton before the GJ is empaneled; the challenge to the array should be made during the GJ selection process. If the GJ has already been impaneled; counsel can raise the challenge later by making a motion to set aside the indictment and shoing there was no opportunity to raise the challenge to the array.
How many jurors serve on a grand jury; how many must concur for a person to be indicted; and who drafts the indictment?
A grand jury consists of 12 jurors and two alternate jurors. 9 grand jurors must concur for there to be a true bill and for the person to be indicted. The prosecutor drafts the indictment.
List three participants; other than the grand jurors; who may be present in the grand jury room while the grand jury is conducting proceedings
PICK ANY THREE: The prosecutor; stenographer; the bailiff; an interpreter; witness being examined
Does an accused have the right to testify to the grand jury; and does she have the right to have counsel present at the grand jury proceedings?
No. The accused has no right to testify before the grand jury; nor does she have the right to have her counsel present at the grand jury proceedings. Upon approval of the proscution the accused and the accused’s lawyer may be permitted to address the GJ but neither has the right to do so. Only the state’s attorney and witnesses may address the GJ
Does an charged co-felon have a right to address a grand jury?
No. An alleged co-felon does not have the right to address a grand jury. An accused person and even (if the prosecution approves) the accused’s lawyer may be permitted to address the grand jury; but neither has a RIGHT to do so
Can a witness be compelled to testify before the GJ? (witness is not the D)
Yes; a court can compel the witness to answer the GJ’s questions unelss the witness were to have a legitimate claim that her answers would incriminate herself. Court may impose fine not exceeding $500 or commit her to jail until she is willing to testify.
If D decides to cooperate; What are three of the warnings that he must be give before he tesifies to the Grand Jury? 2/14 q 3
1) crime of which she is suspected o (2) county in which the crime occurred o (3) time offense occurred o (4) testimony will be recorded o (5) she can refused to answer incriminating questions o (6) she has right to have a lawyer present outside GJ chamber o (7) her testimony can be used against her AND o (8) false answer to question will subject her to prosecution for perjury
If Joe agrees to cooperate; who may question hin when he appears before the grand jury?
Only the prosecution (state’s attorney) and the grand jurors may question the D.
If D lawyer has evidence that would exculpate his client and wants to present it to the grand jury; what steps can he take to have the evidence presented?
D lawyer may get approval from the state’s attorney to present the evidence to the grand jury.
If D lawyer believes eidence prosecutor will present to grand jury was illegally seized by police; what steps can lawyer take to prevent Prosecutor from presenting the evidence to the grand jury?
None - motion to suppress or motion in limine cannot be used to prevent the evidence from being presented to the grand jury; even if it will not be admissible at trial.
Can the prosecutor have someone else (ex: an expert) question a grand jury witness?
No. No person other thatn the attorney representing the state or a grand juror may quesiton a witness before the grand jury.
Can a prosecutor enter the grand jury room; during the grand jury deliberation; if requested by the jurors? (or if prosecutor goes to GJ room during deliberations and presents his closinng argument did he follow proper procedure?)
No. The law does not authorize a prosecutor to comply with this sort of request (or to be present once the grand jurors are deliberating) because no one other than the grand jurors may be present while the grand jury is deliberating
Can the grand jurors send for the prosecutor and ask him for legal advice during the proceeding (not while in deliberations)?
Yes; the grand jury may send for the attorney representing the state (prosecutor) and ask for his advice on any matter of law.
Is the proseuctor obligated to give defense counsel the names and addresses of the grand jurors as part of discovery?
No. Prosecutor is not obliged to give defense counsel the grand juror’s names and addresses. Grand jurors’ names and addresses are confidential. While the code allows the disclosure of personal information for good cause; this has not been demonstrated here.
Can prosecutor call the grand jury foreman to testify at trial that the GJ exercised due diligence in bringing an indictment in the case?
NO. Objection will be sustained. - NEED A REASON! WRONG ANSWER: that the grand juror cannot be a witness in a case they indicted OR that GJ proceedings are secret.
Can prosecutor forego a grand jury proceeding and instead draft and sign an indictment charging the D with a second degree felony - does D have a right to be charged by a grand jury indictment?
Yes; D is being charged with a felony. The state must seek a grand jury indictment. A grand jury must vote to return a ‘‘true bill’’ against the D and the foreperson must sign it.
Can prosecutor use a meeting between an indicted D and his lawyer as evidence of guilt at trial?
No. The act of meeting with or retaining a lawyer is not evidence of guilt and is inadmissible at trial.
Can D waive right to be charged by indictment with a felony? If D can waive right; what procedural step must he do?
Yes; D can waive right to be charged by indictment and be charged with an information; as long as not charged with capital offense. o (1) D represented by counsel o (2) Waiver made in writing or in open ct AND o (3) waiver is voluntary
What is an indictment; and how does it differ from an information?
An indictment is a written statement of a grand jury accusing a named person of a criminal offense. It differs from an information in that: (i) an indictment must be approved by a grand jury and signed by the foreman while an information need only be authorized and signed by the prosecutor; and (ii) an information must be supported by a sworn complaint filed with the court; while an indictment does not require such support.
If D was arrested for felony and indicted 2 years later; is the indictment timely?
Yes; the statute of limitations for most felonies is 3 years (if crime different:: No SOL on - murder; manslaughter; leaving scene of accident that resulted in death; sex assault if DNA ascertained; sex abuse of child)
KNOW THE REQUIREMENTS OF AN INDICTMENT ENOUGH TO RECOGNIZE DEFECTS 2012 What words should an indictment commence and conclude with? List three requisites of an indictment 2/16
(1) must commence w/ ‘‘In the name and by the authority of the state of Texas (2) presented in the DC andin the county where the GJ was in session (3) must appear to be an act of the GJ in the proper county (4) state the name of the accused or that it is unknown w/adwquate identificationn (5) thtat the offense presented was in the jurisdiction (6) the time anterior to the date of the indictment but within the statute of limitations (7)offense set forth in intellligible words (8) must conclude ‘‘against the peace and dignity of the State’’ (9) signed by the jury foreman (10) upon the finding of probable cause
If there are defects in the indictment; what procecural step can you take to challenge the indictment? If notice a defect in indictment before the jury retires to deliberate; and you file a motion to quash the indictmet; is your motion to quash the indictment timely? (NO)
You should file a motion to quash the indictment. The motion must be (i) in writing; (ii) filed before the day the trial begins; and (iii) specify the partiticular aspect of the charging instrument that the D regards as defective. No; the motion to quash the indictment is not timely because it should have been filed before the trial had begun. Although there is an exception for fundamental defects when the indictment fails to name a D or when the indictment is so unclear that we cannot determine what crime was charged; neither of these situations appears to be present.
Prior to trial; what steps ccna you take to have the court dismiss the indictment based on the sufficiency of the evidence to convict the D? (EX: If the indictment for aggravated assault missing words ‘‘deadly weapon’’ ‘‘intentionally; knowingly; or recklessly’’ how to challenge it?)
You should file a motion to quash the indictment based on the insufficiency of the evidence. The motion must be filed before the day the trial begins. This is unlikely to be successful because a claim that evidence is insufficient is ordinarlity not grounds to dismiss an indictment. (OR EX: Grounds would be lacking culpable mental state and fails to mention a deadly weapon; which are elements of the offense.)
Can a D be charged (in one indictment) with two separate offenses that arise from the same criminal episode?
Yes. The same indictment is proper for more than one offense arising from the same criminal episode.
Can two defendants be charged in a single indictment for the same crime?
Yes. It is proper to charge two defendants in the same indictment if they are being changed with the same crime because multiple defendants can be charged together in the same charging instrument as long as they are all charged with the same offense
Can a prosecutor file a moton to amend the inictment to charge the D with a different or additional cirme?
No.while the indictment can be amended to fix a defect; it cannot be amended to add an additional crime. Prosecutor must go back to the grand jury and have it indict D for that crime. An indictment cannot be amended by the court to add an additional charge.
If an indictment fails to list the appropriate intent requirement and as such fails to charge any violation of the law. What can a Defendant do procedurally?
Should file a motion to set aside; or quash the indictment; for failure to allege an offense. The motion must be in writing and filed before the date on which trial on the merits begins.
What is proper venue for kidnapping? What is the proper venue in a criminal case? Is venue proper in county where D committed crime if D properly arrested in another county where D lives? (Is venue proper in Harris county if D is properly arrested in Fort Bend County? –)
Venue is proper in the county where the offense was committed and in any county through which the victim was taken. In general; venue is proper in a criminal case in any county where a significant portion or event associated with the offense took place. Yes; venue is proper in the county where the conduct constituting the crime took place. Here; the victim was killed in Harris County
Which party has the burden to prove venue is proper or improper; and what standard of proof must be satisfied to meet that burden?
The prosecution has the burden to prove venue is proper. The standard of proof is by a preponderance of the evidence.
When must you file a motion for a change in venue?
A motion for a change in venue must be filed at least 7 days before the pretrial hearing. Failure to do so will prevent any later motion to change venue unless the court gives permission for good cause shown.
Can D charged with a felony waive right to have a jury determine her guilt or innocence. If a D can waive that right; what step must she take?
Yes D can waive the right as long as not charged with a capital murder where State seeks the death penalty. Waiver of jury trial requires the consent of the prosecutor and the judge.
If D lawyer wants to see the evidence against D; what procecure must he follow to obtain discovery?
In a criminal trial; the prosecution has an obligation to provide discovery to the D; including police reports. Lawyer can also file a motion for discovery.
If lLawyer asks Prosecutor for offense reports; statements of D; witnesses; law enforcement officer’s statements; and tangible things that contain evidence material to any matter involved in the action; must prosecutor provide this information?
Yes. The prosecutor is required by law to turn over offense reports; statements made by the defendant; witness statements; and law enforcement officer’s statments. The state does not have to turn over tangible things; but it must provide Lawyer with ability to inspect it himself
What should lawyer provide to prosecutor if the prosecutor provides discovery to lawyer and asks lawyer to provide the defense discovery to prosecutor? May court order D to disclose name and address of testifying expert? (YES)
Lawyer only needs to disclose the names of any testifying experts if requested by prosecutor. The defense is not required to provide the prosecutor with any other pretrial discovery in a criminal case.
If lawyer hires a mental health expert who determines D is mentally ill and did not appreciate the nature of her actions when she committed the crime; and lawyer plans to call the doctor to testify at trial; and prosecutor filed a request for notice of intent to call expert witnesses; what shoud lawyer provide to prosecutor in response?
Lawyer must provide the Doctor’s name and address; but has no obligation to provide a summary of the Doctor’s expeted testimony or any other material.
How should the court rule on D motion for discovery of policeman notes of his discussions with the prosecutor about D’s case?
The court should grant the motion. Under the discovery statute; any written or recorded statement made by a witness or law enforcement officer must be disclosed to the D.
How should court rule on proseuctor’s motion to discover names and adresses of all witnesses that D intends to call at trial in D’s defense?
The court should deny the prosecutor’s motion. The TxCCP does not give the court authority to compel the D to provide the state with the names and addressed of the D’s witnesses.
If D lawyer makes a timely request for discovery and prosecutor allows you to review discovery in her office; when you request to make a photocopy of the offense report authored by the Officer; can prosecutor refuse to allow you to do so? Does D lawyer have the right to make a photocopy of the offense report?
Yes. The CCP expressly provides that D can inspect and copy police reports
What procedural steps do you need to take to subpoena a witness? List three things that you are required to state in your application for a subpoena
File an application for subpoena with the clerk. The day before trial; counsel can get a subpoena issued directing the witness to appear the day of trial. During trial; counsel can get an attachment for the witness directin an officer to bring her into court if the witness was properly subpoenaed and did not appear. (1) the name of the witness; (2) the location and vocation of the witness; (3) that the witness’s testimony is material to the defense’s case.
