Crim Pro

Question 1

Time for filing motion to dismiss

Answer 1

At or before arraignment unless court grants additional time for filing

Certain fundamental grounds may be raised at any time such as: pardon, double jeopardy, immunity or facts don’t constitute prima fascie case of guilt

Question 2

Motion to suppress evidence (unlawful search)

Answer 2

Shall state clearly the particular evidence sought to be suppressed, reason for suppression, facts on which motion is based

Question 3

Speedy trial rules

Answer 3

175 days for felony

90 days for misdemeanor

Starts day of arrest

Any delay attributed to defense waives speedy trial

Question 4

Speedy trial

Answer 4

D may demand speedy trial

Trial must commence 50 days from demand

90 days for retrial, new trial, reversal

If demand for speedy trial is made, retrial must commence within 50 days of demand

Question 5

Trial jury

Answer 5

Right to jury trial in all crim proceedings

Right to waive w consent of state

12 jurors in capital cases, 6 in all other cases

Question 6

Challenges to Jurors

Answer 6

Peremptory challenges:
- 10 for felonies punishable by death or life
- 6 for other felonies
- 3 for misdemeanor

Do not carry over to alternates

Question 7

Judgement of acquittal JOA

Answer 7

Made at close of evidence for state or at close of all evidence

Not waived by subsequent introduction of evidence on behalf of defendant

May be renewed within 10 days of reception of verdict

Question 8

Motion for new trial

Answer 8

Within 10 days of verdict

Written or orally

Question 9

New trial mandatory

Answer 9

Juror received ev outside of court

Juror guilty of misconduct

Prosecutor guilty of misconduct

Juror separated without permission during deliberations

For any reason beyond defendants control, did not receive a fair trial