VA Crim pro- appellate

Question 1

Court of appeals

Answer 1

convictions are now appealable as of right (crime or traffic offense)

Question 2

Can commonwealth appeal an acquittal?

Answer 2

nah

Question 3

pretrial appeal

Answer 3

designed to avoid double jeopardy issues

Question 4

can commonwealth appeal pretrial decisions?

Answer 4

yes

Question 5

post-trial appeal

Answer 5

CW can appeal d’s sentence; heard by 3 judge panel

Question 6

Decisions by court of appeals to VA Supreme Court is

Answer 6

Discretionary; pretrial appeals are final

Question 7

Questions of law are reviewed

Answer 7

de novo

Question 8

appeals challenging sufficiency of evidence

Answer 8

court takes evidence in light of favor of commonwealth and asks whether any rational trier of fact could have found all the elements

Question 9

Issues raised on appeal must properly be served by

Answer 9

appellate court

Question 10

to preserve a challenge to the sufficiency of the evidence,

Answer 10

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

Question 11

Venue

Answer 11

any city or county where the offense occurred

Question 12

homcide

Answer 12

where the body is found if location unknown

Question 13

d may change venue upon motion for

Answer 13

good cause

Question 14

SOL for felony

Answer 14

none

Question 15

SOL for misdmeanor

Answer 15

1 year

Question 16

standard for search warrant

Answer 16

probable cause

Question 17

arrest warrant may be issued by

Answer 17

any judicial officer including magistrates

Question 18

arrest warrant

Answer 18

probable casue

Question 19

for felonies, a copy may make a warrantless arrest based on

Answer 19

probable cause

Question 20

for misdemeanor, cop may make warrantless arrest based on

Answer 20

officer presence or specified by statute (dom rel, shoplifting

Question 21

imdictmemt

Answer 21

formal written charge approved by vote of grand jury

Question 22

statutory right to indictment

Answer 22

cant try person of a felony without indictment from grand jury or waiving indictment in open court

Question 23

arrest first means right

Answer 23

to preliminary hearing before GDC

Question 24

At preliminary hearing in GDC

Answer 24

GDC finds probable cause and certifies, then goes to grand jury. if none, dismiss

Question 25

direct indictment

Answer 25

Common A. brings indictment to grand jury before arrest

Question 26

direct indictment means no right to

Answer 26

pre;iminary hearing. can go straight to trial

Question 27

do preliminayr hearing and grand jury constitute jeopardy?

Answer 27

hell no

Question 28

a trial in GDC Is

Answer 28

jeopardy

Question 29

arraignment

Answer 29

open court; d is called to enter a plea

Question 30

a trial on lesser includes misdemeanor can bar

Answer 30

subsequent prosecution of afelony for same offense

Question 31

nolo contendere

Answer 31

no contest; not admission of guilt. can still be found guilty

Question 32

alford plea

Answer 32

same as nolo contendere but d asserts factual innnocence

Question 33

benefits of nolo and alford

Answer 33

can contest liability in subsequent proceeding. can be brought in as evidence tho in civil actions

Question 34

guilty pleas

Answer 34

open court- voluntary and knowing

Question 35

knowing means

Answer 35

consequences and penalty rights he may waive

Question 36

failure to make these findings can result in

Answer 36

later withdrawl or nullification of plea

Question 37

knowing and voluntary guilty plea may be withdrawn

Answer 37

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

Question 38

Plea agreemnts

Answer 38

reduced to writing and presented in open court

Question 39

recommendation

Answer 39

prosecutor recommends a sentence; court may depart; defendant not entitled to withdraw if court rejects

Question 40

binding agreements

Answer 40

agree to a specific sentences; if court does not accept, d may withdraw guilty plea