February 2018 Bar Flashcards
bar prep
Is testimony about Marty’s unrecorded oral statement admissible in evidence in trial?
Oral statements must be recorded to be admissible.
After the search warrant is issued how many days do the police have to execute it?
Three days excluding the date of issuance and the day of execution.
How is a grand jury formed? Explain
By summons from a fair cross section of the community like a petit jury.
Can prosecutor participate in grand jury’s deliberations to resolve dispute?
No person can be in the grand jury room during deliberations. A prosecutor can only present charges or answer questions of law when the juror are not deliberating.
How many challenges does each of them have?
There is no limit for challenges for cause.
How many peremptory challenges to each of them have?
In a non-capital felony each is entitled to 10.
Can Mr. Smith, a grand juror who returned Marty’s indictment, serve on Marty’s petit jury? Explain.
No a grand juror that issued the indictment cannot serve on the jury.
What are the first two steps that must be taken in a criminal trial prior to the presentation of evidence?
The indictment must read and a plea entered.
Is Marty’s lawyer required to make an opening statement at the beginning of trial? Explain.
No, he can reserve his opening for the beginning of his case after the close of the state’s case.
In Texas, is the closing jury charge given by the Court before or after he lawyers give their closing arguments?
Before.
