Practice Exam-Crim

Question 1

knocks, doesnt let in?

Answer 1

All reasonable means may be used to effect an arrest, but no greater force can be used than is necessary to secure the arrest and detention of the accused

Question 2

writ of habeas corpus

Answer 2

• a remedy for any person who is held under restraint, commanding the party having the defendant in custody to produce the person in custody and show why he is held under restraint.
• It may be issued by a court of competent jurisdiction (i.e., the district court in felony cases and the county court in misdemeanor cases).

Question 3

county court jx

Answer 3

which has original jurisdiction of all misdemeanors for which exclusive original jurisdiction is not given to the justice court and when the fine exceeds $500.

Question 4

grand jury panel

Answer 4

In Texas, the grand jury is selected by the district judge selecting jurors directly from a list of petit jurors randomly selected from voter and driver’s license registrations (the “jury wheel”).

Question 5

motion for discovery when pretrial hearing date set

Answer 5

• When a criminal case is set for a pretrial hearing the defendant was given at least 10 days notice, preliminary matters not raised by the defendant seven days before the hearing will only be allowed with the court’s permission for good cause shown.
• so must request discovery within 1 week of hearing

Question 6

disclosure of exculpatory

Answer 6

• The State has an affirmative duty to provide the defendant with evidence favorable to him, including any evidence that would negate guilt or diminish culpability or punishment.
• Prosecutor must disclose the statement to me, regardless of what I have requested, because it is not work product and would negate Defendant’s guilt or diminish his culpability.

Question 7

disclosure of witnesses

Answer 7

On motion of a party, the court may order a party to disclose the names and addresses of expert witnesses they may use at trial, but the court CANNOT order a defendant to give the State a list of his lay witnesses.
-The Court should grant the State’s motion as to expert witnesses Defendant intends to call at trial and deny it as to lay witnesses.

Question 8

challenge search warratn

Answer 8

I should file a motion to suppress the evidence gathered during the search because a valid search warrant must describe with particularity the place to be searched or objects of the search, and the description of XYZ is not legally sufficient.

Question 9

3 admonishments before plea

Answer 9

Prior to accepting a plea of guilty, the court must admonish the defendant of the range of the punishment attached to the offense, that a plea agreement is an unbinding recommendation for penalty by the prosecution, and that deportation is possible if the defendant is not a U.S. citizen.

Question 10

all plea admonishments

Answer 10

Prior to accepting a plea of guilty, the court must admonish the defendant of the following: (i) the range of the punishment attached to the offense, (ii) that a plea agreement is a recommendation for penalty by the prosecution, and the court is not bound by any plea agreement, (iii) that deportation is possible if the defendant is not a U.S. citizen, and (iv) that if the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney, the trial court must give its permission to the defendant before he may prosecute an appeal on any matter in the case except for those matters raised by written motions filed prior to trial.

Question 11

eligible for community supervision

Answer 11

• In order to be eligible for a sentence of community supervision, must file a sworn application stating that he has never before been convicted of a felony; if he elects jury sentencing, the application must be filed prior to the beginning of trial.
• At sentencing, Ike must receive a prison term of 10 years or less to remain eligible.

Question 12

produce witness’s GJ testimony

Answer 12

• I can file a motion for production of witness’s grand jury testimony, and the court should grant my motion.
• After a witness other than the defendant has testified on direct examination, the party not calling the witness, on motion, will be given any statement of the witness relating to the witness’s testimony in the possession of the other party.

Question 13

propensity

Answer 13

-A defendant’s past crimes or other wrongful acts are not admissible to prove an act in conformity with or to show his criminal propensity.

Question 14

jury charge-

Answer 14

while the judge is required to give the jury a written charge containing all of the applicable law in the abstract, the trial court is also required to apply these abstract statements of law to the facts of the case in an “application paragraph.”

Question 15

pros can’t do in close

Answer 15

I can object on the grounds that Prosecutor is improperly

(i) offering personal opinions,
(ii) committing “vouching” by making a statement as to the veracity of a witness, and (iii) commenting on D’s exercise of his Fifth Amendment right to remain silent.

Question 16

BOP/Juror #

Answer 16

The State must prove D’s guilt beyond a reasonable doubt, the verdict must be unanimous, and not less than 12 jurors can render a verdict in a felony case.
-When the verdict is by fewer than twelve jurors (which is permitted under certain circumstances), it must be signed by every member of the jury.

Question 17

juror bribe

Answer 17

• I should file a motion for a new trial no later than 30 days after the date the trial court imposed the sentence.
• The TX Rules of Appellate Procedure mandate that a defendant must be granted a new trial if any juror took a bribe.