Post-Trial Considerations Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Double Jeopardy - 5th Amendment

A

Protects against a second prosecution for same offense after acquittal/conviction and against multiple punishments of the same offense

Bars successive prosecution for greater/lesser included offenses unless someone ends up dying (ex: battery turns to manslaughter

Attachment occurs once jurors are sworn in

D can be charged in fed/state court & civil actions are not precluded

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Appeal

A

The right to appeal is not guaranteed.

D is guaranteed EP and right to counsel (but counsel may withdraw and there is no right to self-rep here)

Discretionary appeal - indigent D does not have right to appointment of counsel unless conviction was based on guilty or nolo plea

Grounds:
- Errors must be timely preserved for consideration on appeal.
- Harmless error are not grounds for reversal
- D who failed to preserve claim of error may be entitled to appellate relief if: 1) district court committed error under law in effect at time appeal is heard, 2) error is obvious under that law, and 3) error affected D’s substantial rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Conviction

A

D can attack conviction after unsuccessful appeal under writ of habeas corpus (civil - POE)

Court will apply 2 tests:
1) unlawful detention was contrary to law and injurious effect/influence on verdict and
2) court’s decision was contrary to law or based on unreasonable determination of facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly