Trial: Trial before a jury

Question 1

Venue Standard

Answer 1

Preponderance of the evidence

Question 2

Unanimous at guilty stage v. unanimous at punishment state

Answer 2

if not unanimous at guilty stage then mistrial, but if not unanimous at punishment stage then new jury called

Question 3

Motions in Limine Purpose

Answer 3

Obtain an advance ruling as to whether certain evidence will be admissible to prevent certain evidence from coming in.

Question 4

Motion in Limine v. Motion to Suppress: Preserving Error

Answer 4

Motion in Limine does not preserve error, but motion to suppress does preserve error for appeal

Question 5

Order of Proceedings

Answer 5

(1) Indictment/information read
(2) plea by defendant
(3) state’s opening statement
(4) defendant’s opening statement (if requested)
(5) state’s case in chief
(6) state rests
(7) defendant’s opening statement (unless previously given or waived)
(8) defendant’s evidence
(9) defense rest
(10) rebuttal and sur-rebuttal (if desired)
(11) State closes
(12) Defense closes
(13) Objections to the court’s charge
(14) charge read to jury
(15) Final arguments (state open and closes)
(16) jury deliberations
(19) verdict
if found guilt, continues in punishment state, except defendant’s opening statement

Question 6

The Rule (2)

Answer 6

(1) witnesses sworn in and leave room

(2) cannot discuss testimony

Question 7

The Rule Exclusions (3)

Answer 7

(1) Defendant
(2) persons the court determines to be essential to presentation of a party’s cause
(3) in most cases, the victim

Question 8

Charge of the Court Requirements (5)

Answer 8

(1) set out the applicable law
(2) apply the law to the facts
(3) not express any opinion on the weight of the evidence
(4) not summarize testimony or facts
(5) make no statement calculated to arouse sympathy or passion

Question 9

Charge TX v. Federal

Answer 9

Tx: prior to final arguments
Federal: after final arguments