Texas Crim Pro & Evidence

Question 1

“Bail”

Personal Bond / Bail Bond

Answer 1

Bail is security given by the accused that he will appear in court and answer to the accusation brought against him.

A personal bond is a monetary amount that a defendant must pay if he fails to appear, but it doesn’t require a surety or other security. A bail bond does require a surety or other security.

Question 2

Examining Trial

Answer 2

Preliminary proceeding conducted by magistrate to determine whether probable cause exists. Prior to indictment.

The rules of evidence apply at an examining trial. Once indicted, no right to examining trial.

Question 3

Writ of Habeas Corpus

Answer 3

Used when refused to court set bail or it is excessive.

Remedy to be used when person is restrained in his liberty. Order issued by the court, directed to one having person in custody, ordering him to produce person at set time and place and show cause why person is custody

Question 4

“Indictment” Defined

Answer 4

Written statement of grand jury accusing person of offense

Question 5

“Information” Defined

Answer 5

Written statement filed by protection charging an offense

Question 6

“Complaint” Defined

Answer 6

A complaint is a sworn statement that alleges there is probable cause to believe someone committed a crime.

Question 7

Persons on grand jury

Answer 7

12 persons, 9 required to indict

Question 8

Examining Trial

Answer 8

To establish, before the magistrate, whether there is enough evidence to prove probable cause.

Question 9

Object to Indictment or Information

Answer 9

Motion to set aside (quash) the indictment. Form or substance; before the date of trial or else waived. A motion filed on the date of trial is not timely. Failure to include name of Defendant is invalid.

Question 10

May Search Warrant Authorize Arrest Warrant?

Answer 10

Yes, if the affidavit establishes probable cause that person has committed a crime

Question 11

Disclosure of D’s Witnesses

Answer 11

Tex Code Crim Pro provides for disclosure by defense of name and address of expert witness.

Question 12

Time for Filing Motions and Pleadings

Answer 12

At least 7 days before any scheduled pre-trial hearing

Question 13

Brady Rule

Answer 13

Duty to disclose exculpatory evidence and make available physical evidence. Only material evidence.

Question 14

Standard for Pleading Guilty, Waiving Counsel, or Competency to Stand Trial

Answer 14

Present ability to consult with lawyer (reasonable degree of rational understanding); or rational as well as factual understanding of proceedings against him.

Question 15

Peremptory Strikes

Answer 15

10- Felony; If two or more defendants then 6 each and prosecutor gets 6 for each D.

Question 16

Verdicts

Answer 16

Must be unanimous. Failure to do so results in mistrial. D can be retried

Question 17

Election for Jury Sentencing

Answer 17

Pretrial; Belongs solely to defendant

Question 18

Eligibility for Probation

Answer 18

Pretrial application for probation; must swear in application never convicted of felony; sentence not longer than 10 years

Question 19

Probation versus Deferred Adjudication

Answer 19

“Straight probation” is a conviction but sentence is suspended subject to terms and conditions of probation

Deferred Adjudication means enough evidence to find D guilty, but the finding is deferred. If completes program, no finding of guilt and no conviction

Question 20

Right to Address Grand Jury

Answer 20

No one other than a witness or the prosecutor may address the grand jury. The accused or attorney may address only if state permits.

Question 21

Who may be in the room during grand jury deliberations

Answer 21

Only grand jurors may be in the grand jury room while the grand jury is deliberating

Question 22

Who may be indicted together

Answer 22

Two defendants complained against for any offense may be tried jointly or separately

Question 23

Can court ignore plea agreement

Answer 23

Yes but if the court rejects the plea agreement the court must allow D to withdraw his plea

Question 24

Motion to change the seating of prospective jurors

Answer 24

Motion to have the jury shuffled. A defendant has the absolute right to have the jury panel reshuffled on demand.

Question 25

First Two Steps of Criminal Trial

Answer 25

The indictment is read by the prosecutor and a plea of not guilty shall be stated.

Question 26

Prior Bad Act Evidence

Answer 26

Prosecutor is not required to provide 404(b) testimony unless requested notice of prior bad act evidence.

Question 27

Extraneous Offenses At Sentencing

Answer 27

Admissible if prosecutor can show beyond a reasonable doubt that D committed this act.

Question 28

Appointment of Expert for Indigent Defendant

Answer 28

Ake Motion. Due process entitled an indigent defendant to the appointment of an expert if the expert’s expertise is likely to be a significant factor in the case.

Question 29

What is the procedure where the Judge asks D how she pleads to the charge

Answer 29

Arraignment

Question 30

If D does not answer the judge, what plea should be noted?

Answer 30

Since the defendant did not answer, not guilty should be noted. A criminal defendant must affirmatively plead guilty or nolo contender.

Question 31

Criminal lawyer provide the prosecution with discovery?

Answer 31

Unlike the prosecution, the defense has not duty to provide the prosecution with pretrial discovery–other than name and address of expert witnesses testifying at trial .

Question 32

Must lawyer make opening statement at that time?

Answer 32

Lawyer may, but is not required to make an opening statement immediately after the prosecutor.

Question 33

Experts Opinion in Criminal Trials

Answer 33

Unlike the FRE, the TRE do not bar expert opinion on the ultimate mental state of the defendant.

Question 34

Insanity Defense At Trial

Answer 34

Must file with the court a notice of Ds intention to offer that evidence. If no pretrial hearing, at least 20 days before the case is set for trial. A copy must be served on the prosecutor.

Question 35

Who, besides a court, may take the defendants’ bail in the amount set by the magistrate

Answer 35

Any peace officer, sheriff, or jailer

Question 36

How is a grand jury formed?

Answer 36

In the same manner as a civil petit jury–from a randomly summoned fair cross-section of the community

Question 37

Getting a separate trial

Answer 37

Motion to sever. A court may grant upon a showing that one defendant will be unfairly prejudiced

Question 38

May a complainant be excluded from the courtroom?

Answer 38

Yes. If the judge believes their testimony will be materially affected by what she sees or hears during the course of trial

Question 39

Juror Speaking With Parties

Answer 39

Mistrial. Jurors are not allowed to speak with parties to the trial until after the trial is over with.

Question 40

Contents of a Warrant

Answer 40

Name of “State of Texas’
Thing to be seized
Commands cop to conduct search
Dated and signed by Magistrate

Question 41

Oral Statements & Confessions

Answer 41

Generally inadmissible in proceedings unless an exception applies

Question 42

Factors governing the setting of bail

Answer 42

LASSO

Large enough to assure presence 
Ability to meet bail
Safety of victim & community 
S-type of crime charged 
Oppression (not instrument of oppression)

Question 43

Grand Jury Warnings

Answer 43

The right to not answer incriminating questions
notice of crime
The right to have counsel outside courtroom
The right to have q&a’s recorded

Question 44

Gaskin Rule

Answer 44

Production of witness statements after a witness testifies

Question 45

One indictment for multiple offenses

Answer 45

Yes, if arising out of the same criminal episode