Criminal Procedure - TX (II)

Question 1

Can the state take a deposition of an elderly complainant (victim) to preserve testimony for trial?

Answer 1

Yes, if the testimony is material to the case and the person is close to death or ill.

Question 2

After both parties have presented evidence and the parties have rested, what step should D’s lawyer take to preserve a sufficiency of the evidence challenge for appeal?

Answer 2

Directed verdict on the basis of insufficient evidence.

Question 3

What are the statute of limitations for indictments?

Answer 3

Felony: 3 years
Misdemeanor: 2 years

Question 4

If a seizure of evidence from lawyer’s office is obtained, why may the lawyer move to suppress the evidence?

Answer 4

attorney-client privilege

Question 5

For D to be eligible to receive community supervision, what action must the lawyer take and when?

Answer 5

Sworn pretrial motion for probation stating that D has not been previously convicted of a felony

Question 6

Who may not be excluded from trial under the rule of sequestration?

Answer 6

• defendant (and officer/employees if corp defendant)
• victim or victim’s guardian (unless the victim’s testimony would be materially altered by the testimony)
• any person whose presence is shown to be essential to the presentation of the party’s case

Question 7

What procedures must lawyer use to get records (e.g. business) admitted to trial without a live witness?

Answer 7

??

Question 8

Can a lawyer ask leading questions on direct examination?

Answer 8

No, leading questions are only for cross examination.

However, when a witness is associated
with the opposing party, leading questions are proper on direct.

Question 9

Can a prosecutor use evidence of past crimes or wrong acts to show conduct in conformity?

Answer 9

No, can only use them to show MIMIC (motive, intent, absence of mistake, identity, common scheme or plan)

Question 10

If party discovers that a defense witness is unavailable, what should it do to preserve error?

Answer 10

File a motion for continuance.

Name of witness
Describe efforts to get witness to testify
Describe material facts witness will testify to

Question 11

Can D call witness to testify that D has a good character for truthfulness?

Answer 11

?? Ended on July 2017. Need to get the evidence questions for all