Crim Law Final Touch

Question 1

Warnings at Initial Magistrate Hearing

Answer 1

CMR

Charges;
Miranda;
Right to retain counsel

Question 2

Denial of Bail…remedy?

Answer 2

Immediate appeal to court of criminal appeals

Question 3

Seek reduction of bail

Answer 3

Writ of habeas corpus

Question 4

Examining Trial Rights

Answer 4

PCS

Present (to be present)
Represented by counsel
Subpoena and present defense witnesses

Question 5

Waive Indictment?

Answer 5

Yes in all cases except capital murder

Question 6

Violation of rule of only grand jurors in room during deliberations

Answer 6

Dismissal of indictment

Question 7

Admonitions trial judge must give him before accepting a felony plea of guilty

Answer 7

Range of punishment
Recommendations by state are not binding
Limited right to appeal

Question 8

Depose a witness

Answer 8

Must obtain a court order and file a motion showing “good reason” for the deposition

Question 9

Defense Expert Witness Deadline

Answer 9

Upon request, at least 20 days before trial

Question 10

Inspection of Physical Objects

Answer 10

Material evidence not in the possession of the state and not work product

Question 11

Must grant motion for severance

Answer 11

Prior conviction that is admissible at trial

Question 12

Election for Jury Sentencing

Answer 12

Before voir dire begins, can change with consent of the P.

Question 13

Spousal Privilege

Answer 13

Right is hers not to testify ,not the D’s.

Question 14

Drug / Alcohol Rehab

Answer 14

Not admissible

Question 15

Retrial of Punishment authorized?

Answer 15

Yes, mistrial only on punishment.

Question 16

Motion for Jury Shuffle

Answer 16

Before voir dire of the panel begins

Question 17

Are you entitled to a paragraph instructing the jury on circumstances justifying acquittal?

Answer 17

yes, charge should include a “abstract” portion and a “application” portion

Question 18

Prove that incompentent to stand trial?

Answer 18

Lacks a rational as well as factual understanding of the proceedings. Prove this by a preponderance of the evidence.

Question 19

Disqualified because theft or felony?

Answer 19

yes this is one of the grounds by which disqualification exists. Not qualified because of conviction for theft of felony,