Texas July 2016 Bar Flashcards
Bar Prep
What is the general statute of limitations for a felony?
The general statute of limitations for a felony is three years.
Can a magistrate issue a summons instead of an arrest warrant?
Yes, a magistrate may issue a summons in any case where a warrant may be issued. (CCP 15.03(b).
Commentary: Examinees that missed this believed the judge had no authority to summon a person to answer for the commission of a crime and others thought that only an arrest warrant could be used. Some thought that after a person was indicated a summons could not be used and others could not distinguish an arrest warrant from a summons.
Can a defendant be denied bail for a non-capital offense?
No. Defendant has a constitutional right to bail.
Commentary: Examinees that missed this made the assumptions that were not contained in the question about criminal history. Others did not answer the call of the question but made a list of reasons why bail could be denied.
What is personal bond, and what is one way in which it differs from a bail bond?
A personal bond is a bond without a surety or other security. It is an oath and signature to appear in court.
A bail bond requires a surety or other securities for the person to be released.
Commentary: Examinees that missed the question thought a personal bond was when an individual put up money for bail.
How should a magistrate rule on an objection for hearsay at an examining trial? Would it be different if the proceeding were a jury trial?
Sustained. The rules of evidence apply to an examining trial and jury trials. Art. 16.07.
Commentary: Examinees may have confused it with grand jury proceeding.
Does a defendant have the right to address the grand jury?
No, only the state’s attorney or a witness may address the grand jury about a matter before it.
Can the grand jury call for a Prosecutor to come to the grand jury room to mediate a dispute they are having?
No. Only grand jurors may be in the grand jury room while the grand jury is deliberating. At other times, however, the grand jury may send for the attorney representing the state and ask for advice upon any matter of law or any question arising out of the proper discharge of their duties.
Can a grand jury charge two defendants in the same indictment?
Yes, it is proper when they are both charged with the same offense.
When an indictment fails to allege a defendant acted intentionally or knowingly, and you believe the indictment fails to charge any violation of the law, what procedural steps should you take and when?
You should file a motion to quash or set aside the indictment for failure to allege an offense. It should be filed before trial.
What procedural step, if any can you take to try to prevent a Prosecutor from mentioning a fact at trial? If Prosecutor mentions this fact at trial, what should you do to preserve the issue for appeal? Explain.
You should file a motion in limine to try to prevent the prosecutor from mentioning this in trial. To preserve the issue for appeal, if the prosecutor still mentions it, you must object.
Commentary: people who missed did not consider other bad acts evidence as admissible and so some concluded a motion to suppress was appropriate.
Prosecutor tell you that they plan to introduce evidence at trial that an officer confiscated from victim without a warrant. What procedural step can you take to attempt to prohibit prosecutor from introducing the evidence at trial?
There is no procedural step because defendant has no standing to file a motion to suppress in evidence seized from victim.
Commentary: People missed the fact that defendant has no standing to complain about the search of victim.
If defendant pleads guilty, but the court rejects the plea agreement, will defendant be bound by his guilty plea and have given up his right to a trial? Explain.
No. If the court rejects the plea, the defendant may withdraw.
You appear for jury selection and notice that the first 7 prospective jurors have authentic handbags (fake handbags case). What action, if any, can you take to change the seating of the prospective jurors?
Make a motion for the jury to be shuffled.
How many peremptory challenges may Defendant 1, Defendant 2 and prosecutor each exercise?
Defendant 1’s attorney may exercise 6
Defendant 2’s attorney may exercise 6
Prosecutor may exercise 12 (prosecutor gets double the strikes because there were two defendants.
What two procedural steps must occur after the jury is impaneled and before any evidence is introduced at trial? Explain.
First, the indictment must be read by the prosecutor and second, a plea of not guilty is stated.
Indictment had to be read or mentioned in opening statements or the jury charge.
