Deadlines Flashcards
Deadlines to remember
30 days 20 days 14 days 10 days Reasonable Notice
Important notices that must be filed 30 days prior to trial
Consolidation and jointer of prosecution (penal code 3.02)
Request for Defense Expert (code of criminal procedure 39.14(b))
Art. 38.37 Notice (child abuse cases (ccp 38.37)
Joinder and consolidation
PC 3.02
Defendant may be prosecuted in a single prosecution for all offenses arising out of same criminal episode
If based on more than one charging instrument
Mandatory WRITTEN notice to defendant 30 days before trial
Statutory right to severance (PC 3.04)
Criminal Episode
Penal Code 3.01
Criminal episode means the commission
Of two or more offenses regardless of whether the harm is directed toward or inflicted upon on more than one person or item of property under following circumstances
1 the offenses are committed pursuant
To the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan
2 the offenses are the repeated commission of the same or similar offenses
Severance
PC 3.04
Whenever two or more offenses have been consolidated or joined for the trial and ne’er 3.02 the defendant shall have the right to a severance of the offenses
Request for defense expert
CCP 39.14(b) Discovery
On party’s request made not later than the 30th day before the date that the trial is scheduled to begin the party receiving the request shall disclose to the requesting party the name and address of each person the disclosing party may use at trial to present evidence under rule 702, 703 and 705 TRE
Rule 702 703 705 TRE
Scientific opinion evidence
Art. 38.37 Notice
Not withstanding rules 404 and 405 TRE, evidence of other crimes committed by he defendant against a child who is the victim of the alleged offense shall be admitted for its bearing on relevant matters
Evidence that the defendant has committed a separate offense described by subsections a1 and a2 may be admitted in the trial of the alleged offense
The state shall give the defendant notice of states intent to introduce in its case and chief evidence described by before e 30th day before the dat of the defendants trial.
Important notices that must be filed 20 days prior to trial
Defendant’s Oral Statement (CCP 38.22)
Notice of Intent to use Experts (CCP 39.14(b)
Certificate of Analysis/Chain of Custody (CCP 38.41)
Defendants Written statement
CCP 38.22 section 2
No Statement made by the accused can be admitted as a result if custodial interrogation is admissible as evidence against him unless it is shows that:
Received art 15.17 warnings prior to making the statement. Magistrate or person asking questions
Knowingly intelligently and voluntarily waived the rights
Notice of Defendants recorded statement
38.22 section 3 a5
No oral or sign language statement as a result of visual recording shall be admitted unless:
An electric recording is made
Waiver of art 15.17
Recording device capable of making an accurate recording, operator competent and not altered
All voices identified
NOT LATER THAN THE 20TH DAY BEFORE THE PROCEEDING, the attorney representing the defendant is provided with a true, complete and accurate copy of all the recordings of d made under this article
State’s notice of expert witness CCP 39.14
CCP 39.14(b)
Names and address of all witnesses that may be called under TRE 702 703 705
No later than 20 days prior to trial (if offered by the court
Give notice all potential witnesses
Notice of filing Certificate of analysis/ chain of Custody affidavit and Lab report
CCP 38.14 and CCP 38.42
A certificate of analysis and lab report can come into evidence without a sponsoring witness if:
Filed with clerk 20 days before trial and
A copy was provided to the defendant
Defendant does not file a written objection within 10 days of trial and provides copy to state
Important notices that must be filed 14 days prior to trial
Business records affidavit TRE 902(10) and (7)
Outcry Notice child abuse cases CCP 38.072
Notice of Business Records TRE 902(10); 803 (6) and (7)
The business records and affidavit must be given to the defense at least 14 days before trial
No longer need to file with the clerks office
MANDATORY: 14 days
Outcry Notice
CCP 38.072
Statement that describes the alleged offense
Made by child under 14 years of are or disabled person against whom the alleged crime was committed
We’re made to the first person 18 years of age or older other than defendant
Hearsay does not apply if:
ON THE 14TH DAY BEFORE THE PROCEEDING BEGINS:
The party intending to offer statements notifies the adverse party of its intentions
Provide name of witness
Provides a summary of statement
Trial court finds in hearing conducted outside presence of jury that statement is reliable
Important notices that must be filed 10 days prior to trial
Amending charging instrument CCP 28.10
Required notice to the defendant 10 days before trial unless defendant does not request
Can also amend after trial begins if defendant does not object
Deadly Weapon Notice
Defense is entitled to written notice that the state will seek an affirmative finding that deadly was used during the commission of the crime. Defendant must know that deadly weapon will be an issue.
Does not have to be put in the indictment
Case law found 6 days before the start of trial reasonable
Other cases have found that abandoning language or dismissing a count that contained Notice does not vitiate notice
Extraneous Notice TRE 404(b)
The evidence may be admissible for another purpose, such as proving motive opportunity intent preparation plan knowledge identity a absence of mistake or lack of accident on timely request by a defendant in a criminal case the prosecutor must provide reasonable notice before trial that the prosecution intends to introduce such evidence other than that arising in the same transaction in its case in chief
Impeachment Notice
TRE RULE 609
A.Evidence of a criminal conviction to attack witnesses truthfulness must be admitted if:
1. Felony or involved moral turpitude
2. The probation value outweighs prejudice
3. Is elicited from the witness or established by public record
10 year limite
NOTICE: evidence of witness conviction is not admissiblekk under this rule if, after receiving from the adverse party a timely written request specifying the witness, the proponent of the conviction fails to provide sufficient written notice of intent to use the conviction. notice is sufficient if it provides a fair opportunity to contest the use of such evidence
Notice of enhancement
State Must give sufficient notice of intent to enhance under 12.42 of penal code
Can put in indictment, amend, file states notice of intent to enhance
Fugate v. State declining to adopt 10 day rule.
Hackett v. State
The Fort Worth, Dallas, and Beaumont Courts declined to establish a minimum number of days notice, observing instead that 10 days notice is presumptively reasonable.
PC 12.42
Witness list
Upon request by defense, notice of the states witness should be given stoker v state
If he court allows undisclosed witness to testify court reviews it as abuse of discretion and looks whether prosecutors acted in bad faith, could the defendant reasonably anticipated that witness would testify,
Motion in liminie
Riot to trial
