Trial Process and Post-Trial Motions

Question 1

Order of trial

Answer 1

1. Jury selection
2. Opening statement
3. State’s case
4. Motion for judgment or acquittal
5. Defense case
6. Jury charge
7. Closing statements

Question 2

How are potential jurors disqualified?

Answer 2

Challenge for cause or pre-emptory challenge

Question 3

Differences between disqualifying a potential juror for cause vs. pre-emptory challenged?

Answer 3

Challenge for cause is based on statutory grounds while pre-emptory challenges are discretionary. Challenges for cause are unlimited while pre-emptory challenges are limited to 10 for capital cases, 6 for all other felonies, and 3 for misdemeanors

Question 4

What are the grounds for a new trial?

Answer 4

Courts must grant a new trial if D’s substantial rights were prejudiced and “Pretty Ugly Stuff Got In My Trial”:

1. D was not PRESENT at a material proceeding,
2. Jury received UNAUTHORIZED evidence out of court,
3. Jurors were SEPARATED after sent to deliberate,
4. Juror or prosecutor GUILTY of misconduct,
5. Court gave jury erroneous INSTRUCTIONS,
6. Court made a MISTAKE at law, and
7. Any other cause that led the D not receiving a fair TRIAL.

Question 5

An accused is entitled to a jury trial for any offense punishable by imprisonment for more than __________________.

Answer 5

6 months

Question 6

Each party is allowed _______ peremptory charges for felonies punishable by death or life imprisonment, _______ peremptory challenges for all other felonies, and ________ peremptory challenges for misdemeanors.

Answer 6

10 ; 6 ; 3