Criminal Procedure

Question 1

Blockburger Test

Answer 1

Determines whether the crimes D is charged with constitute the same offense for double jeopardy purposes. Each crime must require proof of an element that the other does not.

Question 2

Valid arrest warrant

Answer 2

• Must be issued by a neutral and detached magistrate
• Based on a finding of PC that the items are the fruits, instrumentalities, or evidence of a crime
• Must identify the person and the offense

Question 3

Warrantless search of automobile

Answer 3

Must demonstrate that (i) the arrestee is within reaching distance of the passenger compartment or (ii) rx belief that evidence of the offense might be found in the vehicle

Question 4

Exceptions to Exclusionary Rule

Answer 4

• Evidence found from Knock and Announce violation
• Inevitable Discovery
• Evidence discovered on the basis of an independent source
• Attenuation of the Taint
• Officers’ good faith reliance on an existing law later declared unconstitutional or a warrant that while facially valid is later found to be defective

Question 5

6A right to counsel attaches when:

Answer 5

formal proceedings against the D w/ regard to a specific crime have been initiated (ie: initial appearance, indictment, information) and applies to all critical stages of the prosecution

Question 6

To show ineffective assistance of counsel (warranting reversal):

Answer 6

Counsel’s representation fell below an objective standard of reasonableness and prejudiced the defendant, resulting in a rx probability of a different outcome

Question 7

To overturn a conviction based on conflict of interests:

Answer 7

Must show an actual conflict of interest that adversely affected the attorney’s performance

Question 8

Crawford Doctrine

Answer 8

If a statement is testimonial, then the 6th Amendment bars admission of the statement when the declarant is unavailable and D had no prior opportunity to cross-examine the witness.

Question 9

Bruton Doctrine

Answer 9

A D’s own statements are always inadmissible against him but if there are co-Ds a co-Ds statements:

• are admissible if the co-D testifies and thus is subject to cross examination
• if co-D doesn’t testify, statement cannot be used against him (must be redacted if admitted)

Question 10

Apprendi Doctrine

Answer 10

Any fact (other than a prior criminal conviction) that is used by the judge to increase the sentence beyond the statutory maximum