Trial procedures Flashcards
When can motion for judgement of acquittal be granted?
At close of state’s case or at close of the evidence
When can a D renew a motion for judgment of acquittal?
Within 10 days of guilty verdict
When must jury instructions be read?
Before or after closing arguments and can be read any time during trial
When must objections to jury instructions be made?
Before the jury retires or the objection will be waived
How must jury instructions be given?
Orally and in writing
Can jurors be recalled to hear new evidence?
No, but they can rehear evidence already given or get further instructions at the judge’s discretion
When is a verdict defective?
If the court can’t determine if the jury’s intent was to acquit or convict. If so, jury gets sent back with instructions to reconsider. If the jury won’t clarify = mistrial.
When must a motion to interview juror be made?
Within 10 days of verdict unless good cause is shown
When must a motion for new trial be made?
capital cases: 10 days of filing of final judgment and sentence
non-capital cases: 10 days of verdict
What are the grounds for a motion for arrest of judgment?
(1) indictment or information so defective it won’t support judgment
(2) court lacks jurisdiction
(3) verdict is so uncertain that it’s defective
(4) D is convicted of offense not in contemplation of the information or indictment
When can a court reduce a sentence?
Within 60 days after:
(1) imposition of sentence
(2) receipt of appellate court mandate affirming sentence; or
(3) receipt of final order in any further appeal
When is a reduction or modification of sentence not permitted?
(1) death penalty is imposed
(2) trial judge imposed the minimum mandatory sentence
(3) trial judge has no sentencing discretion
