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Grade III Exam > General Law > Flashcards

General Law Flashcards

1
Q

Penal Code section 1336

A
  1. Material Witness
  2. Condition
    a. About to leave state
    b. Sick or inform think attend trial
    c. 65 or older
    d. dependent adult
    i. 18-65
    ii. physical or mental limitations iii. developmental disability
  3. Witness life endanger
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2
Q

Penal Code section 1111

A

Conviction using the testimony of an accomplice requires corroboration that tends to connect the defendant with the commission of the offense.

Corroboration evidence that supports the identity of the the defendant.

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3
Q

People v Avila

A

Instruction of care and caution is required because the accomplice has a motive to lie.

The prosecution must present “independent evidence that connects the defendant to the crime being charged.

This instruction is mandatory

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4
Q

Penal Code section 1289

A

After information or indictment:

Good cause

Defense must give notice to lower the bail

People must give no notice.

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5
Q

Setting Bail

A

Highest offense+enhancement+prior

Other offenses–only if different victim, or different time, or sex

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6
Q

Bail Amount

A

3 years 20K every additional year +$5K

life=1 million

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7
Q

People v. Nguyen (1990)

A

The party disputing the age has the burden to prove that the defendant should not be in adult court.
Standard of proof: preponderance of the evidence.

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8
Q

Bullcoming v. New Mexico (2011)

A

A lab report made only for police purposes is testimonial in nature. Therefore it is not a business record pursuant to Crawford.

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9
Q

Code of Civil Procedure 1219

A

DV Victim’s cannot be put into custody for contempt of court

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10
Q

People v. Chatman (2006)

A

Questions regarding a witness lying requires proper foundation

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11
Q

Penal Code 2933

A

50 percent credits

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12
Q

Penal Code 2933.1

A

.15 percent credits on violent

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13
Q

Penal Code 851.8

A

Determination of Factual Innocence

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14
Q

Galindo v. Superior Court (2010)

A

May file Pitchess discovery prior to preliminary hearing, but its not good cause for a continuance

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15
Q

People v. Ward (2005)

A

Gang expertise on culture and habits of criminal street gangs meets the threshold for expert because its sufficiently beyond the common experience of average jury members.

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16
Q

People v. Bell (2007)

A

Expert testimony may rely upon material not admitted into evidence so long as it is the type of material reasonably relied upon by experts in that particular field.
However, court can prohibit incompetent hearsay, i.e. defendant’s self-serving statements, from being in front of the jury under 352.

17
Q

People v. Prince (2007)

A

Experts may testify concerning criminal modus operandi and may offer the opinion that evidence seized by the authorities is of a sort used in committing the type of crime charged.

18
Q

People v. Chun

A

Assaultive crimes merge into homicide and therefore cannot be the basis of a second degree murder charge.

19
Q

People v. Leonard

A

Judge can kick juror for good cause so long as within judge’s discretion

20
Q

People v. Johnson

A

Defense must establish a prima facie case. This is established if there is an inference that the prosecutor used race.

21
Q

People v. Story

A

1108 applies in murder case when the murder theory is based upon a sex crime, i.e. felony murder, rape

22
Q

People v. Williams

A

A 17(b) motion does not trigger 871.5

23
Q

People v. Knoller

A

Implied malice requires that the defendant acted with a conscious disregard of the danger to human life

24
Q

First Degree murder

A
  1. Special Circumstances
  2. Premeditated Deliberate Willful
  3. Felony Murder
25
Q

First Degree Felony Murder

A

Robbery, Arson, Rape, Mayhem, kidnapping, Train Wrecking, !st Burglary, sex, drive-by with intent to kill

26
Q

Second Degree Murder: Punishment

A

15 to life (most)
Second degree on a cop: 25 to life
Second degree on a cop with intent to kill, gun, gbi, weapon, LWOP
drive by with intent to commit GBI: 20 to life

27
Q

PC 1238

A
  1. Order setting aside complaint or information
  2. Order sustaining demur on information/complaint
  3. Order for new trial
  4. Order arresting judgment
  5. Order effect substantial rights of the people
  6. Order modifying verdict or reducing degree
  7. 1538.5 or 1385
  8. Order dismissing verdict
  9. 871.5
  10. Unlawful sentence
  11. Order of recusal
28
Q

People v. Barker

A

290 registration

29
Q

People v. Estes

A

Use of force to prevent a security guard from recovering property is 211

30
Q

People v. Randle

A

Defense of other can be used for imperfect self-defense

31
Q

People v Halloway

A

Cannot put witness on stand to have them invoke. EC 913

32
Q

People v. Bland

A

Defendant is armed if he has the weapon available for offensive or defensive purposes

33
Q

People v. Oates

A

Shoot at 5, but one hit 1, still five allegations of 12022.53

34
Q

People v. Palacios

A

12022.53 applies to each transaction with same victim

Grade III Exam (8 decks)

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