Crim2 Flashcards
Can a defendant who has been acquitted bring an ineffective assistance of counsel claim?
No, since the defendant cannot show that the result would have been different.
What two forms can a bail bond take?
1) Surety bond: A written undertaking entered into by the defendant and his sureties to secure his appearance in court
2) Cash bond: Contains the same undertaking, but the defendant, not a surety, makes a cash deposit with the court in the amount of the bond
What is a personal bond?
A personal bond is a written promise by the defendant to appear in court to answer the criminal accusation(s) that is secured only by the defendant’s promise to pay the bond amount if he fails to appear.
When may a court release a defendant on recognizance?
Recognizance may be granted by a magistrate if the defendant
(i) is charged with a fine-only misdemeanor and
(ii) has no convictions for felonies or misdemeanors punishable by jail time.
In determining the amount of bail, what things are the court required to consider?
The court must consider:
1) What amount is sufficiently high to give reasonable assurance that the defendant will appear;
2) That the power to require bail cannot be used as an instrument of oppression;
3) The nature of the offense and the circumstances under which it was committed;
4) The defendant’s ability to make bail (proof may be taken on this point); and
5) The future safety of a victim of the alleged offense and the community.
Who has a right to make a statement in court about the impact of the offense, and when can this statement be made?
A victim, close relative of a deceased victim, or guardian of a victim has the right to appear in person after the sentence has been pronounced to present to the court and to the defendant a statement of the person’s views about the offense, the defendant, and the effect of the offense on the victim.
When must a new trial motion be filed?
No later than 30 days after the date the trial court imposes or suspends a sentence in open court.
What is the standard for granting a new trial motion based on the verdict?
The verdict must be contrary to the law and the evidence.
May the court grant a new trial motion on its own accord?
No, the trial court may only grant a new trial motion on the defendant’s motion.
When may a spouse be called as a witness for the state in a criminal case?
When the case involves:
- a crime against the defendant’s spouse,
- a member of the household of either spouse, -or any minor, or with bigamy.
When can a defendant be convicted on the testimony of an accomplice?
When the accomplice’s testimony is corroborated.
Is there a physician-patient privilege in Texas criminal cases?
No.
When may a witness be impeached by a prior crime?
Any witness may be impeached by evidence that he committed any felony or any crime involving moral turpitude, as long as the probative value of the evidence outweighs its prejudicial effect to a party. There is no special rule for a criminal defendant.
What action must the proponent of a business record take in order to admit such a record as self-authenticating?
At least 14 days before trial, the proponent of a business record must serve a copy of the record and the custodian’s affidavit on the opposing party.
What is deferred adjudication?
The judicial deferral of further judicial proceeding without entering an adjudication of guilt and the placement of the defendant on community supervision. The judge may do so after receiving a plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant’s guilt, if the judge believes that the best interest of justice, society, and the defendant will be served.
