VA Crim pro- appellate Flashcards
Court of appeals
convictions are now appealable as of right (crime or traffic offense)
Can commonwealth appeal an acquittal?
nah
pretrial appeal
designed to avoid double jeopardy issues
can commonwealth appeal pretrial decisions?
yes
post-trial appeal
CW can appeal d’s sentence; heard by 3 judge panel
Decisions by court of appeals to VA Supreme Court is
Discretionary; pretrial appeals are final
Questions of law are reviewed
de novo
appeals challenging sufficiency of evidence
court takes evidence in light of favor of commonwealth and asks whether any rational trier of fact could have found all the elements
Issues raised on appeal must properly be served by
appellate court
to preserve a challenge to the sufficiency of the evidence,
the defendant must make a motion to strike the cw’s evidence or motion to set aside the verdict on the grounds of insufficeincy of the evidence
Venue
any city or county where the offense occurred
homcide
where the body is found if location unknown
d may change venue upon motion for
good cause
SOL for felony
none
SOL for misdmeanor
1 year
standard for search warrant
probable cause
arrest warrant may be issued by
any judicial officer including magistrates
arrest warrant
probable casue
for felonies, a copy may make a warrantless arrest based on
probable cause
for misdemeanor, cop may make warrantless arrest based on
officer presence or specified by statute (dom rel, shoplifting
imdictmemt
formal written charge approved by vote of grand jury
statutory right to indictment
cant try person of a felony without indictment from grand jury or waiving indictment in open court
arrest first means right
to preliminary hearing before GDC
At preliminary hearing in GDC
GDC finds probable cause and certifies, then goes to grand jury. if none, dismiss
direct indictment
Common A. brings indictment to grand jury before arrest
direct indictment means no right to
pre;iminary hearing. can go straight to trial
do preliminayr hearing and grand jury constitute jeopardy?
hell no
a trial in GDC Is
jeopardy
arraignment
open court; d is called to enter a plea
a trial on lesser includes misdemeanor can bar
subsequent prosecution of afelony for same offense
nolo contendere
no contest; not admission of guilt. can still be found guilty
alford plea
same as nolo contendere but d asserts factual innnocence
benefits of nolo and alford
can contest liability in subsequent proceeding. can be brought in as evidence tho in civil actions
guilty pleas
open court- voluntary and knowing
knowing means
consequences and penalty rights he may waive
failure to make these findings can result in
later withdrawl or nullification of plea
knowing and voluntary guilty plea may be withdrawn
before sentencing and in good faith proferrs evidence for contesting guilt ro after sentencing within 21 days of the final order if necessary to correct manifest injustice
Plea agreemnts
reduced to writing and presented in open court
recommendation
prosecutor recommends a sentence; court may depart; defendant not entitled to withdraw if court rejects
binding agreements
agree to a specific sentences; if court does not accept, d may withdraw guilty plea
