Texas February 2016 Bar

Question 1

Requisites of an arrest warrant

Answer 1

1) Individual Name
2) The Offense
3) Signature of the Magistrate

Question 2

Recitation of one’s rights at an examining trial

Answer 2

1) Presence, to cross-examine or confront the witness
2) Right to counsel, subpoena witness or compulsory process, to make an unsworn statement
3) to remain silent or assert the 5th amendment privilege

Question 3

Requisites of a search warrant

Answer 3

1) Include a sworn affidavit
2) set out the facts stating probable cause
3) the place to be searched
4) items to be seized
5) establish the place to be searched where the items to be seized will be contained

Question 4

Evaluate an illegal arrest:

The officer arrested an individual without a warrant who had not committed a felony offense in his presence.

Answer 4

1) No offense had been committed
2) the officer had no warrant
3) the officer had no probable cause to believe they committed the crime
4) the officer did not observe them commit a felony in his presence

Question 5

What manner are grand jurors selected?

Answer 5

1) the court summons the grand jurors

2) the grand jurors are summoned in the same manner s petit jurors

Question 6

Can two defendants be indicted?

Answer 6

Yes. The offenses can be indicted together, 2) the same indictment is proper for the offenses arising from the sam criminal episode.

Question 7

What are the components of an indictment?

Answer 7

1) Must commence with “In the name and by the authority of the State of Texas
2) presented in the District court and in the county where the grand jury was in session
3) must appear to be an act of the grand jury in the proper county
4) state the name of the accused or that it is unknown with adequate identification
5) that the offense presented was in the jurisdiction
6) the time anterior to the date of the indictment but within the statute of limitations
7) Offense set forth in intelligible words
8) Must conclude “against the peace and dignity of the state”
9) must be signed by the Grand Jury Foreman
10) Upon the finding of probable cause

Question 8

Does the state allow inspection and copying of police reports?

Answer 8

Yes, the Code of Criminal Procedure expressly provides that you can inspect and copy police reports.

Question 9

Can unrecorded statements be suppressed or excluded ? If so, what procedural step can you take to try to precent the prosecutor from introducing the unrecorded testimony. If there is a procedural step, what basis can you take it?

Answer 9

File a motion to suppress evidence that the statement was not recorded as required unless it is corroborated by other evidence.

Question 10

What procedural step should you take to allow the jury to recommend probation, and when should you take that step?

Answer 10

1) file a sworn motion for probation asserting that there is no prior conviction or felony
2) File the motion before trial

Question 11

In what ways is a plea of nolo contendere the same or different from a plea of guilty? Explain.

Answer 11

1) It has the same legal effect as a plea of guilty

2) it cannot be used in a civil case to attach as liability

Question 12

Can two or more persons be tried jointly given they were charged in two separate indictments? Explain.

Answer 12

Yes, two or more individuals may be tried jointly for the same offense or offenses arising out of the same transaction

Question 13

Can Defendant 1 sever from defendant 2 because defendant 2 has a prior felony conviction? How?

Answer 13

1) Yes
2) You would move for severance
Severance should be granted because of Defendant 2’s prior felony

Question 14

Can an indictment be amended to add a new offense that was not presented to a Grand Jury? How would a court run on the motion?

Answer 14

1) it is sustained

2) It cannot amend an indictment with an additional offense or different offense than that presented to the grand jury.

Question 15

How many strikes do litigants get in a joint trial of two co-defendants?

Answer 15

1) each get 8

2) State gets 8 per defendant (16 total)

Question 16

Can a person be convicted upon the uncorroborated testimony of an accomplice?

Answer 16

1) No
2) Defendant cannot be convicted solely on the testimony of an accomplice witness unless it is corroborated by evidence that proves more than the commission of an offense.

Question 17

Can a defendant show ineffective assistance when her attorney stated in closing, “We all know that defendant is not a very nice person, but that is no reason to convict her?” and the defendant was subsequently found not guilty?

Answer 17

1) No
2) Defendant has not been harmed, they were acquitted, there is no claim to make because they cannot show prejudice.

To show ineffective assistance of counsel, a defendant must have ben prejudiced by the deficient performance of counsel.

Question 18

What action if any can you take to change the seating of the prospective jurors?

Answer 18

Request a jury shuffle.

Question 19

What three procedural steps must occur after the jury is impaneled and before any evidence is introduced at trial?

Answer 19

1) Prosecutor reads the charging instrument before the jury
2) Judge asks for the defendant’s plea in open court
3) Defendant enters plea