Pre-Trial Procedures

Question 1

Eyewitness ID Procedures/Lineups

Answer 1

Defendants have a right to have counsel at POST-indictment lineups but NOT at non-corporeal (photo arrays)

ID procedures can’t be impermissibly suggestive. Prosecution can prove its reliable regardless.

To show it was impermissible - 2 part test:
1) D must prove ID was impermissibly suggestive AND 2) a substantial likelihood of misidentification

Question 2

Preliminary Proceedings - Initial Appearance/Probable Cause

Answer 2

Hearing must be held within 48 hours of arrest to determine probable cause.

The 4th Amendment right gives D right to release if there is none. There is NO remedy for unlawful/wrongful detention.

At initial appearance, judge advises D of charges/rights & appoints counsel if D is indigent

Question 3

Grand Juries

Answer 3

D has NO right to present/confront witnesses or introduce evidence. There is no dismissal due to procedural defects unless there is a substantial impact on decision to indict.

Intentional racial discrimination in selection of grand jurors will lead to overturn of conviction

15-21 grand jurors

Question 4

State’s Duty to Disclose

Answer 4

State has an affirmative duty to disclose to D any material evidence favorable to D and relevant to prosecution’s case-in-chief that would negate guilt or diminish culpability/punishment

Failure to do so is grounds for reversal if D shows:
1) evidence was favorable to D AND
2) failure to disclose caused prejudice against D