Post-Trial Flashcards

1
Q

Motion for Judgment of Acquittal

A

Same as for directed verdict.

May be made at close of State’s case, or w/i 10 days of guilty verdict or mistrial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Motion for New Trial

A

May be made w/i 10 days after D found guilty.
Must be made if:
i. Jurors decide case by lot
ii. Verdict contrary to weight of evidence
iii. New evidence discovered would likely change outcome.

iv. If substantial rights of D were prejudiced by:
-Jury misconduct
-Jury consideration of out of court evidence
-Any reason D didn’t get a fair trial
Judge may discharge defendant, or find guilty of lesser offense.
**State may appeal new trial grant but may not retry D for a higher offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Motion in Arrest of Judgment

A

Like a tardy motion to dismiss.
Must be filed w/i 10 days after D found guilty.
Grounds:
i. Fatal defects in charging instrument
ii. Lack of jurisdiction
iii. Conviction of an offense not on charging instrument

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Motion to interview Juror

A

If possibly subject to legal challenge, a party may move w/i 10 days after verdict for order to interview juror(s)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Post-trial release

A

If D guilty of noncapital offense, court may release pending review by appeal.
However:
Bail may not be granted to someone previously convicted of felony who hasn’t had civil rights restored, or has other felony charges pending.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Presentence Investigative Report (PSI)

A

Judge may request one when they have discretion of what sentence to impose.

Mandatory for:

i. Imprisoned for first felony
ii. Juvenile who commits felony
iii. Probation violation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Capital case sentencing

A

Divided into guilt and sentencing phase.

-Sentencing phase may introduce evidence of aggravation/mitigation, and cross-examine W’s. Permitted one argument.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Sentencing guidelines

A

Facts about judge deviation from sentencing guidelines shown by preponderance of the evidence.

-Offense worksheet. Points assigned for offense, prior record, use of firearms, if a drug trafficking offense etc.
State prepares and presents to D’s counsel.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Correction of sentence

A

A party may move to have ANY error in sentencing corrected until later of:

i. Expiration of time for appeal
ii. Party files brief on appeal

If not filed w/i 60 days, deemed denied (does not apply in death penalty cases)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A court may reduce a sentence:

A

On its own or on motion, w/i 60 days after:

i. Imposition of sentence
ii. Appellate court affirming sentence
- or-
iii. Receipt of final order in any further appeal.

If upon motion, court has 90 days to enter a ruling on the motion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Motion for Post-Conviction Relief

A

Available to anyone sentenced by FL courts.
Grounds (must be made w/i 2 years for noncapital cases, 1 year for capital):
i. Constitutional issues
ii. Lack of jurisdiction
iii. Sentencing exceeds max (may be made anytime)
iv. Involuntary plea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Time computation - Period in hours

A

Count begins immediately on occurrence of triggering event. Hours during weekend or holiday are included. If ended on a weekend/holiday, then ends next business day.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Time computation - Days or longer

A

Day of triggering event NOT included. Weekends and holidays also not included if less than seven days. If longer than seven, they are included.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Motions for rehearing

A

State may file motion with trial ct w/i 10 days after court issues order subject to appellate review. May only raise issues previously raised in proceeding.

Response filed w/i 10 days of service of motion. Trial ct must file an order disposing of motion w/i 15 days of response.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly