Trial

Question 1

when are a defendant’s due process rights violated via biased judge?

Answer 1

when the judge is shown to have either…
1) actual malice against the defendant, OR
2) a financial interest in having the trial result in a guilty verdict

Question 2

does a judge violate due process if they say “if I see you in here again, I’ll throw the book at you” at sentencing?

Answer 2

no

Question 3

for what kinds of offenses is a defendant entitled to a jury trial?

Answer 3

only for serious offenses (ie– if imprisonment for more than 6 months is authorized)

Question 4

what is the minimum number of jurors required to satisfy a defendant’s right to a JT?

Answer 4

6 jurors

Question 5

what kind of verdict must result from JT?

Answer 5

a unanimous verdict

Question 6

what is the cross section requirement for venires?

Answer 6

defendant has a right to have the jury selected from a representative cross section of their community

Question 7

what is the defendant’s burden to show that the cross section is inadequate? (thus violating their JT right)

Answer 7

defendant need only show the underrepresentation of a distinct and numerically significant group in the venire

Question 8

does a defendant have a right to proportional representation of all groups on their selected jury?

Answer 8

no (only for venires)

Question 9

what use of peremptory strikes by a prosecutor violates the Equal Protection clause?

Answer 9

when prosecutor uses peremptory strikes to exclude potential jurors solely on account of their race or gender

Question 10

what are the three steps to challenging a peremptory strike based on equal protection?

Answer 10

1) defendant must show facts or circumstances that raise an inference that the exclusion was based on race or gender,
2) prosecution must present a race neutral explanation for the strike
3) judge then determines whether the prosecutor’s explanation is a genuine reason for striking the juror(s) or merely a pretext for discrimination

Question 11

when may a juror be excluded for cause?

Answer 11

when their views would prevent or substantially impair the performance of their duties in accordance with their instructions/oath

Question 12

when is a defendant entitled to questioning on voir dire specifically about racial bias?

Answer 12

whenever race is bound up in the case OR the defendant is accused of interracial capital crimes

Question 13

what is the consequence of violating a defendant’s right to counsel at trial?

Answer 13

automatic reversal

Question 14

what is the consequence of violating a defendant’s right to counsel during nontrial processes?

Answer 14

reversal unless the error is harmless

Question 15

when can a defendant waive their right to counsel at trial and proceed pro se? (2 rqmts)

Answer 15

when… (based on judge’s judgment)
1) their waiver is knowing and intelligent, and
2) defendant is competent to proceed pro se

Question 16

does a defendant have a right to proceed pro se on appeal?

Answer 16

no

Question 17

how far does the right to effective assistance of counsel extend?

Answer 17

to the first appeal

Question 18

what must a defendant claiming ineffective assistance of counsel show?

Answer 18

1) deficient performance by counsel, and
2) but for the deficiency, the result of the proceeding would have been different

Question 19

what must be shown to satisfy “deficient performance”? (IAC)

Answer 19

specific deficiencies that are NOT based generally on things like inexperience, lack of prep time, complexity of defenses/charges, or accessibility of witnesses

Question 20

under what circumstance will a new trial be automatically granted without the need to show prejudice? (IAC)

Answer 20

when counsel admits their client’s guilt in the face of defendant’s clearly articulated desire to maintain their innocence

Question 21

when does counsel’s failure to notify a defendant of a plea offer constitute deficient performance? (IAC)

Answer 21

when the defendant can show that…
1) had the plea been communicated, the defendant likely would have accepted, and
2) plea likely would have been entered without the state’s withdrawing it

Question 22

does a subsequent fair trial prevent the defendant from raising IAC as to plea offer?

Answer 22

no

Question 23

what circumstances do NOT constitute ineffective assistance?

Answer 23

trial tactics and failure to raise a constitutional defense that is later invalidated

Question 24

what is the defendant entitled to if, after counsel notifies court of conflict of interest at/before trial, the court refuses to appoint separate counsel?

Answer 24

automatic reversal

Question 25

if two ppl are tried together and one has given a confession that implicates the other, can that statement be used?

Answer 25

no (even where the confession interlocks with the defendant’s own statement, which is admitted)

Question 26

under what circumstances, may a statement by a co-defendant implicating the other be admitted at trial?

Answer 26

1) when all portions referring to the other defendant can be eliminated,
2) the confessing defendant takes the stand and subjects themself to cross exam with respect to the truth or falsity of what the statement asserts, OR
3) the confession of the non-testifying co-defendant is being used to rebut the defendant’s claim that their confession was obtained coercively

Question 27

when is face to face confrontation NOT required under the confrontation clause?

Answer 27

when preventing such confrontation serves an important public purpose (ie – protecting child witnesses from trauma)

Question 28

under what limited circumstance may prior testimonial evidence be admitted at trial?

Answer 28

1) declarant unavailable, and
2) defendant had an opportunity to cross exam the declarant at the time the statement was made

Question 29

when is the judge required to give a jury instruction requested by the defendant/prosecution?

Answer 29

when the instruction…
1) is correct,
2) has not already been given, and
3) is supported by some evidence