Post-Trial Considerations

Question 1

When does double jeopardy right attach?

Answer 1

1. Jury impaneled / sworn in OR

2. First witness sworn in for bench trial

Question 2

What rights do defendants have in their first appeal as of right?

Answer 2

1. Equal protection

2. Right to counsel

Question 3

When does a defendant have a right to counsel in a discretionary appeal?

Answer 3

Conviction was based on a guilty or no contest plea

Question 4

When is a defendant entitled to appellate relief despite not preserving a claim of error?

Answer 4

1. District court committed error under law effective at time of the appeal
2. Error is obvious
3. Error affected D’s substantial rights

Question 5

When can D attack conviction after unsuccessful appeal?

Answer 5

Writ of habeas corpus - civil action preponderance of evidence

Question 6

When can the death penalty be imposed?

Answer 6

1. Mentally competent
2. Homocide
3. Over the age of 18

Question 7

When can a defendant not be retried if it gets conviction reversed on appeal?

Answer 7

When the reversal was due to insufficiency of evidence

Question 8

What are the two types of mistrials?

Answer 8

1. Manifest necessity like a hung jury - can be retried

2. No manifest necessity - any other reason - can’t be retried