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Grade III Exam > Troy's Deck > Flashcards

Troy's Deck Flashcards

0
Q

What material may be used during an 871.5 hearing?

A

Limited to the Preliminary hearing transcript

Also must brief the case

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1
Q

Who must you contact if the defense wants 1054 material for a witness in the witness protection program?

A

Must notify the Lt. of Bureau of Investigation

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2
Q

When must discovery be turned over?

A

1054 requires 30 days before trial, or in the vent that material is found within that 30 day period, immediately.

However, you may be able not to disclose if you meet 1054.7

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3
Q

What happens when subpoena inadvertently served somewhere else?

A
  1. Record the nam, method of service, date/time.
  2. Promptly notify the ADA, Admin. by telephone
  3. Send documents via county mail to ADA, Admin
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4
Q

Public Records Request

Unusual Circumstances

A
  1. Search for and collect the requested records from field facilities
  2. Search voluminous amounts
  3. Need to consult with other agencies that have a substantial interest in the case
  4. Need to compile data, write program language, or computer report
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5
Q

Statement of View

A
  1. Must discuss the current offense, i.e. using the rules of court
  2. Must discuss prior criminal history, .i.e level of crimes and past performance on probations, parole, CYA
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6
Q

Peremptory Challenge of a Judge in an individual case

A

Head Deputy Approval

Head Deputy must inform the Bureau Director

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7
Q

Change of Bail After Information

A

Either side may ask for a bail deviation with good cause

  1. Defense must give notice
  2. People do not need to give notice
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8
Q

Valid Reason to Reject

de minimis violation factor

A
  1. Availability of Appropriate Alternative Charges
  2. Whether if the accused was convicted it would merit any confinement or significant fine
  3. Whether a deterrent purpose would be served
  4. Amount of substance falls below the minimum requirements
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9
Q

Disclosure of Informants

A

Defendant must show “REASONABLE POSSIBILITY” that informant can offer:

1. Exonerating Evidence
2. Evidence that benefits the defendant's case

If so, the court finds prima facie case

We can still do a in camera hearing to oppose

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10
Q

Multiple Defendant Filing Decision

A

When 1 defendant is filed as a felony–all should get felonies.

The law prefers joinder

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11
Q

Penal Code 851
Factual Innocence
Destroying Record

A

Records must be destroyed within 3 years of the date arrest

Before being destroyed, records should be sealed

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12
Q

Civil Subpoena of DA Employee

A
  1. Handled by ADA, Administration
  2. Service must be on 18th Floor
  3. When County is a party, no witness fees
  4. When county is not a party, witness fees
  5. Report to ADA if more than one day
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13
Q

Search Warrants outside of LA County

A

If crime if anticipated to be prosecuted in LA

  1. Have LA County Judge sign warrant
  2. Notify local law enforcement, including DA
  3. Have local officials assist in warrant
  4. Take care not to compromise an out of county investigation
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14
Q

When must a statement of view or supplemental material be in a prisoner’s file before the parole hearing?

A

10 days

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15
Q

Who must give approval before submitting a Preliminary hearing transcript in lieu of a jury trial?

A

Either a Grade 4 calendar deputy or the Head Deputy

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16
Q

If the Superior Court grant’s People’s 871.5 motion then what happens?

A

The preliminary hearing must resume within 10 days

1. Either continue unfinished preliminary hearing
2. Or HTA if record is already complete
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17
Q

Special Circumstance Murder at Preliminary Hearing

A

Amend Complaint if its there
Present it if its there
If special circumstances is prior murder, then the prior must be presented at the preliminary hearing, i.e. like a petty with a prior

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18
Q

Reason not to file: Antiquated Statute

A
  1. Not enforced in years
  2. People act as though its not on the books
  3. No longer serves as a deterrent or protective

However, unpopularity is not a reason to reject

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19
Q

Discretionary Direct Filing

A

Allows Direct Filing to Adult Court

We use the power selectively

Requires Juvenile Head Deputy Approval

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20
Q

Legal Policy Manual: 871.5 Timing

A

set hearing within two weeks to get transcript

  1. 871.5 states we have to give 15 days notice
  2. Within 10 days to get the transcript
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21
Q

1054.3 Requires Defense to Give Prosecution

A
  1. Names and address of witnesses intended to called’
  2. Written or record statements and reports intended to be offered at trial
  3. Make Defendant available for psychiatric testing if they must mental state at issue–however test must be approved by court
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22
Q

Factual Innocence After Trial

A
  1. Court can make factual determination of innocence after acquittal

If so, send minute order and all arrest and proceeding records to DA Records Section to be sealed

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23
Q

Newsperson Shield Law

A
  1. Exempts newsperson from disclosingA. Source of information Obtained for news purposes, either unpublished or publishedB. Never use SDT/subpoena to get this infor
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24
Q

Jailhouse Committee Members

A
  1. Chief Deputy
  2. Assistant District Attorney
  3. Bureau Directors
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25
Q

Appropriate Office Hearings

A
  1. Simple battery–no serious injury, no gangs, no weapons
  2. Neighborhood disputes
  3. Trespass
  4. Loitering
  5. Regulatory Violations
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26
Q

Proper Biases To Reject

A
  1. Contrary to Legislative Intent
  2. Antiquated Statute
  3. Victim request no prosecution
  4. de minimis violation
  5. pending prosecution on other charges
  6. disproportionate cost of prosecution
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27
Q

Penal Code Section 667(a)(1) Priors

A

Adds 5 years

1197.7(c) defines serious felonies

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28
Q

Organized Crime Division

A

Criminal Enterprises

Also includes Hate Crimes Section

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29
Q

Jail House Informants

A
  1. Don’t Call to testify about Defendant’s statements unless strong evidence exist to corroborate truthfulness of informant
  2. HABLIT has index of informants who testified or offered to testify
  3. Must contact DIC of HABLIT to see if informant has offered to testify before
  4. HD forwards memo to BD
  5. BD to CD
  6. Deputy DA may need to appear before the JailHouse Committee
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30
Q

Standard for Factual Innocence

A

No reasonable cause exist to believe that the arrestee committed the offense which the arrest was made

31
Q

What is the statute of limitation for a 851, factual innocence, motion?

A

2 years after the arrest or accusatory pleading, which ever one is later

32
Q

Witness fees for a civil case where the county is not a party, but you are a witness because of your official duties?

A

State court $150, federal court $40.00

33
Q

Jailhouse informant memo

A
  1. Brief description of crime
  2. Name and criminal history of the informant
  3. Evidence being offered by the informant
  4. Description of corroborating evidence
  5. Analysis of case with or without the informant
  6. Any benefit promised to informant by law enforcement
  7. Inquiry into HABLIT database
34
Q

Appeal of illegal sentence: When must DDA inform appellate?

A

with 10 days

35
Q

Recusal motion by the defense

A
  1. 10 days notice to DA and AG
  2. Must show that defendant cannot get a fair trial from DA
  3. Must notify Head Deputy when you get a recusal motion
36
Q

What are the valid reasons to reject when a victim request no prosecution?

A
  1. Assault or battery crime where there little or no significant injury
    not likely to occur again
  2. Crime against property that do does not involve violence
    not likely to occur again
  3. If defendant has a history of reported/unreported violence, then encourage prosecution
  4. If case can be proven without victim’s cooperation, then file the case
37
Q

Target Crimes Division

A

CAPOS
Stalking
Arson
TRAP

38
Q

Penal Code section 189

A 
1st Degree Murder
	destructive device or explosion
	weapon of mass destruction
	armor piercing ammo
	poison
	lying in wait
	torture
	willful, deliberate, and premeditated murder
	Felony murder, arson, rape, carjacking, train wrecking, sex, drive-by
39
Q

People v. Prince

A

Expert Testimony of Profiler Is Admissible

Can assist jury

Can answer ultimate questions issues

40
Q

People v. Chatman

A

You think they are lying questions

Allowed if witness has foundation, i.e. knows the person

41
Q

People v. Avila

A

When co-defendant testifies give accomplice instruction

42
Q

People v. Story

A

1108 Evidence is admissible when we charge felony murder under the a sex related felony charge, i.e. rape or burglary with intent to commit rape

43
Q

People v. Chun

A

.

44
Q

Penal Code section 187

A

Murder is the intentional killing of a human being with malice aforethought

45
Q

Johnson v. California

A

Peremptory Challenges

  1. Must show inference of discriminatory purpose to make a prima facie case(the old California rule was that it was more likely than not)
  2. Burden then shift on People to show no such purpose
46
Q

People v. Ward

A

Gang experts can testify to:

  1. Culture of gangs
  2. Why gang member would go into rival neighborhood
  3. Why witnesses would not want to testify
  4. Hypothetical questions must be rooted in the evidence
47
Q

Bullcoming v. New Mexico

A

Right to confrontation

  1. Cannot have another lab tech who was not involved testify for People
  2. Lab report is does not fall under business records exception to the hearsay rule
48
Q

Penal Code section 12022

A

(A)(1) Principal armed with firearm: 1 year
(A)(2) assault weapon, principal, whether or not an element of the offense: 3
(B)(1) personal use deadly weapon: 1
(B)(2) Carjacking, personally used deadly weapon 1,2,3
(C) personally armed drugs: 3-4-5
(D) not personally armed, but knows other guy is, for drugs: 1-2-3

  1. drug sales cases, 3,4,5 (if personally armed)
  2. if principal, who knows other is personally armed, in a drug case (not personally armed) 1,2,3
  3. Personally armed with assault weapon, 3
49
Q

People v. Oates

A

12022.53 applies to every charge, i.e., 5 victims 5 full term consecutive enhancements

50
Q

Penal Code section 667.5(b)

A

1 year prison prior

5 year wash-out period

51
Q

People v. Halloway

A

Cannot put a witness simply to take the 5th

52
Q

Penal Code section 12022(b)(1)

A

bail $20,000

personal use of a dangerous weapon

53
Q

People v. Palacios

A

12022.53 enhancement runs consecutive even if defendant only shot one round and he was charged with 4 victims

54
Q

People v. Modiri

A

Group beating

For GBI allegation to apply, the defendant had to personally use physical force and that physical force would produce GBI by either 1) by itself 2) in combination with out assailants

55
Q

Penal Code section 186.22

A

Criminal Street Gang allegation

3 or more members

common name/symbol/sign

primary activities 

members engage in a pattern of criminal activity
56
Q

Evidence Code section 913

A
  1. When privilege is used, no one can comment on it
  2. jury cannot draw inference from silence
  3. if jury hears that someone used 5th amendment right, then jury must be instructed not to draw an inference from it
57
Q

Penal Code section 1238

A

What we can appeal:

1. setting aside portion of indictment, complaint, ect
2. granting a new trial
3. order arresting judgment
4. order after judgment affecting People's rights
5. dismissing 1385
6. denying people's motion to reinstate the complaint 871.5
7. imposition of unlawful sentence
8. Order recusing DA
58
Q

Penal Code section 1289

A

Increase or reduce bail upon showing of good cause

1. People do not need to give notice
2. Defense needs to give notice
59
Q

Penal Code section 12022.7

A

Personally inflicted Great Bodily Injury

(a) 3 years state prison
(b) coma, 5 years
(c) person over 70, 5 years state prison
(d) child under 5, 4-5-6
(e) DV, 3-4-5
60
Q

People v. Bland

A

Applies when guns and drugs are kept together

Defendant is armed if the gun is available for use

Drug possession is a continuous crime

61
Q

Penal Code section 667.5(c)

A

Violent felonies

1. Murder, including attempt
2. Robbery
3. Arson
4. Kidnapping
5. GBI
6. Use of a gun in 12022.53, 12022.5
7. Mayhem
8. Any act punishable by death
9. Gang extortions or threat to witness
62
Q

Punishment under 186.22(b)

A

If normal felony then 2-3-4

If serious then 5

If violent then 10

If extortion or witness intimidation the 7 to life

If home invasion robbery, carjacking, shooting at car/plane/home then 15 to life

63
Q

People v. Estes

A

Robbery is an offense against the person who has actual or constructive possession over the item

Robbery is a continuing offense until safety is reached, therefore when someone tries to regain the property and froce is used, then that is still a robbery

64
Q

HS 11370.2

A

3 year enhancement for drug related prior

65
Q

Penal Code section 12022.5

A

Personally used a firearm

3-4-10

Personally used an assault weapon

5-6-10
66
Q

Penal Code Section 1192.7(c)

A
  1. defendant personally used a deadly/dangerous weapon
  2. PC 220
  3. Assault against peace officer or firefighter
  4. assault by life inmate on noninmate
  5. throwing acid or flammable substances
  6. exploding device
  7. First Degree 459
  8. 422
  9. carjacking
  10. kindnapping
  11. holding hostage in state prison
  12. selling dope to a minor
  13. sex offense
  14. gang enhancement
  15. shooting from car
  16. intimidation of victim or witness
  17. andy attempts of the listed crimes
  18. any conspiracy to commit a listed crime
67
Q

People v. Baker

A

Registration pursuant to PC 290

forgetting is not a defense to willful
68
Q

People v. Randle

A

Imperfect self defense of others

69
Q

People v. Knoller

A

Implied Malice requires that the defendant acted with a conscious disregard for human life

70
Q

Rawlings v. Kentucky

A

The police search following defendant’s admission of ownership of the drugs was legal since it was incident to a formal arrest despite the fact that the challenged search slightly proceeded the arrest.

71
Q

Herring v. United States

A

Exclusionary rule does not apply when police record keeping error led to police making an unlawful search. This was an isolated negligent experience.

72
Q

Arizona v. Gant

A

Car search incident to arrest may be made only while the unsecure arrestee is within reach of the passenger compartment or where it is reasonable to believe that evidence of the arrest may be inside

This was the case where they arrested him for a 14601

73
Q

Moran v. Burbine

A

Miranda goes to the defendant. The fact that defendant’s lawyer is calling does not affect the validity of the Miranda warning.

74
Q

People v. Lessie

A

A juvenile defendant’s request to speak to his father does not invoke Miranda. Look to the totality of the circumstances.

75
Q

People v. Patane

A

Failure to give Miranda warning doesn’t require suppression of the physical evidence.

76
Q

Hudson v. Michigan

A

Exclusionary rule doesn’t apply to violations of knock/announce rule

Grade III Exam (8 decks)

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