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FL Civ Pro > Crim pro > Flashcards

Crim pro Flashcards

(44 cards)

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1
Q

Non-adversary PC determination- 96 hours

A

Warrantless arrests

  • Max amount of time D can be in custody between arrest and prelim non-adversary hearing re: PC for arrest
  • includes two additional 24-hour periods that can be granted by judge due to extraorindary circumstance

(Usually occurs at first appearance)

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2
Q

Types of charging instruments (IINAD)

A
  1. Indictment
  2. Information
  3. NTA
  4. Affidavit
  5. Docket entry
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3
Q

Competency

A

D lacks:

  • sufficient present ability to consult w/ counsel to prepare case w/ reasonable understanding
  • rational & factual understanding of pending proceedings
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4
Q

DEWEGED

A

If D serves Notice of Discovery, prosecution has 15 days to provide:

  • D’s written, recorded/ec. oral statements
  • Expert reports/info
  • Witness statements/info
  • Exculpatory evidence
  • Grand jury minutes (D’s testimony only)
  • Electronic surveillence
  • DNA evidence
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5
Q

Double Jeopardy

A

Prohibits multiple prosecutions and multiple punishments for same offense (lesser and greater included)

Does not bar prosecution for altogether different offense from same event

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6
Q

Judgment of acquittal

(same procedure as directed verdict)

A

Judge can acquit after prosecution’s case-in-chief or entire case if insufficient evidence to warrant conviction

Can’t be appealed - final adjudication that releases D

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7
Q

Motions to vacate

A

Other than motions re: excessive sentence (can be made at any time):

Non-capital - no more than 2 years after final sentence

Capital - no more than 1 year after final death sentence

unless

  • new fundamental constitutional right
  • facts could not havee ben discovered w/ DD
  • post-conviction counsel was neglectful in filing motions
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8
Q

Not Want D to Commit More Crimes

A

Pre-trial release factors

  • Nature & circumstances of crime
  • Weight of evidence
  • Danger to community
  • Commuity ties/employment
  • Mental state/substance abuse
  • Criminal history
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9
Q

Deadline for filing charges

D in custody

A
  • 30 days after arrest or service of bench warrant
  • If still no charges, D released on 33rd day
  • If prosecution provides GC but still no charges after that, D released on 40th day
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10
Q

When doesn’t D need to be appointed an attorney?

A

When potential sentence does not include risk of liberty

(i.e. if court says no jail time will be in the mix, then no right to counsel)

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11
Q

Plea doesn’t JIVE

A

Plea withdrawals - deadline is 30 days after sentencing

  • trial court lacked SMJ
  • involuntary plea
  • plea agreement violated
  • sentencing error occured
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12
Q

When can multiple Ds be charged in same indictment/information?

A
  • Each D is alleged accountable for each offense
  • Charges include conspiracy and some also charged w/ offense in furthance thereof
  • otherwise, offenses were part of common scheme/plan
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13
Q

(5) Grounds for Motion to Suppress

A
  1. Property illegally seized without warrant
  2. Insufficient warrant
  3. Illegally executed
  4. No underlying PC
  5. Seized property not described in warrant
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14
Q

Pre-trial motions

A
  • MT Dismiss - at/before arraignment
  • MT Suppress -
  • MT Take Deposition to Perpetuate Testimony - at least 10 days before trial
  • MT Change Venue - at least 10 days before trial. Have to prove that fair trial can’t occur in county where offense happened
  • Demand for Speedy Trial - 60 days total, but see separate card
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15
Q

Non-adversary PC determination - 21 days

A

Arrest w/ warrant; D not in custody

D can file motion for non-adversary PC determination to show pretrial release conditions are significant restraint on liberty

Judge has 7 days to make decision

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16
Q

Joinder

Consolidation

A

Joinder - Multiple related offenses or Ds in one charging instrument

Consolidation - merging multiple charging instruments into one for single trial

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17
Q

Sentencing factors

A
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18
Q

Competency - Process

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A
  • Any party or court can move for competency hearing w/ reasonable grounds to believe D is mentally incompetent
  • can occur any time, including during trial
  • Hearing must occur w/i 20 days of filing motion
  • Need 2-3 experts. No expert reports can be used at subsequent hearings
  • If found incompetent and committed, must review every 6 months
  • after 5 years (felony) or 1 year (MD), if D is still incomp, charges dismissed w/o prejudice
19
Q

Grounds for Motion to Vacate Sentence

Study These Flashcards
A
  1. J/S violates constitutional rights (FL or fed)
  2. Court doesn’t have jx
  3. Sentence exceeds authorized max
  4. involuntary plea
  5. J/S subject to collateral attack
20
Q

Motion for Speedy Trial

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A

If D files motion, following must occur w/i 60 days of filing date

    • 5 days - calendar call
  • +5-45 days - trial
  • if no trial by 50th day - D can file Notice of Expiration of STT
  • +5 days - hearing re: good faith delay by prosecution (or not)
    • days - hearing must occur
  • if still no hearing, case dimissed w/ prejudice
21
Q

Deadline for trials

Study These Flashcards
A
  • Felony - 175 days after arrest
  • Misxdemeanor - 90 days after arrest

Notices of Expiration apply here as well

22
Q

Stop and Frisk

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A
  • Stop - RS that person has, will or is committing a crime
  • Frisk - RS that person is armed w/ dangerous weapon

Can then arrest if officer finds PC during encounter

23
Q

Adversary Prelim Hearing - 21 days

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A

D in custody

If not yet formally charged, D is entitled to adversary prelim hearing before judge to determine PC for felony charges

If indictment/info subsequently filed, right to hearing isn’t eliminated

24
Q

Defenses (Notice timing)

Study These Flashcards
A
  1. Alibi - 10 days before trial
  2. Battered spouse syndrome - 30 days before trial
  3. incompetence - any time (hearing must occur w/i 20 days of motion)
  4. insanity - 15 days after arraignment/plea filed (+ 10 days if GC shown)
25
Can D waive right to counsel at first appearance?
Yes, w/ signed and dated writing Limited to first apperance only; D must be offered counsel at each subsequent stage of proceedings
26
Pretty Ugly Stuff Got In My Trial | (Motion for New Trial 2)
D's rights were substantially prejudiced *and* * D not **present** at material proceeding * Jury got **unauthorized** evidence out of court * Jurors **separated** after retiring to deliberate * Jor/prosecutor **guilty** of misconduct * Erroneous jury **instruction** * **Mistake** of law by court * Other causes leading to unfair **trial**
27
Motion for New Trial 1
Court must grant a new trial if: * verdict decided by luck ("by lot") * verdict contrary to law or weight of evidence * new and material evidence that wasn't available before and could have changed outcome Court can grant whole new trial or just partial
28
Motion for Arrest of Judgment
Dismissed based on law, not fact. Deadline - 10 days after verdict * indictment/info was defective * court didn't have jx * verdict so uncertain that maybe jury didn't intednt to convict * D convicted of offense improper under info filed If granted, new trial must occur w/i 90 days
29
Factors for "Criminal Punishment Code" scoresheet
Must be submitted by prosecution w/r/t sentence. Includes: * primary/additional offenses * victim's injury * prior record * legal status * sentence multipliers * community sanction violations
30
Search warrants | (Required details)
* **PC** that there will be evidence at location * **person or place** to be searched * **property** to be seized must be returned w/i 10 days of issuance no nights, no Sundays (unless authorized)
31
NTAs | (Summons)
For misdemanor or ordinance violation, officer can issue written NTA instead of arrest. D cannot get if: 1. No ID 2. no signature on notice 3. no tied to community 4. unreasonable risk of bodily harm 5. previuosly failed to appear 6. officers think he might be wanted in other jx
32
Voir dire challenges
For cause - unlimted. (FL - Bias/conscientious belief not excluded if can be rehab'ed) Peremtory - * DP or life - 10 * all other felonies - 6 * misdemeanors -3 * if multiple Ds - prosecution entitled to as many as all Ds would get * additional challenges (1-2) for each alternator juror
33
Traverse Demur
**Traverse** - pleading that * denies material fact in opposing party's pleading *or* * presentsadditional facts establishing PF case If not denied explicitly, fact is deemed admitted. If denied, MTD is denied **Demurrer** - doesn't challenge material facts, avers that the facts establish PF case
34
Proceedings that don't violate D's 5th Am. rights
* physical lineup * fingerprinting * handwriting sample
35
Trials - Order of presentation
1. VD 2. State's case 3. D's case 4. State rebuts D's case 5. jury charge 6. closing arguments - 1) State, 2) D, 3) State's rebuttal
36
County court jx
* misdemeanors * municipal/couty ordinance violations * first appearances
37
Can D waive right to counsel?
Yes, if KIV (look at education, prior court experience, nature of case, age, etc.) * knowing * intelligent * voluntary Has to be offered counsel at every subsequent proceeding
38
First apperance
With 24 hours of arrest. Covers CARP: * counsel being appointed * advice re: charge, right to communicate with family, right to remains silent * release is determined * [probable cause hearing - usually occurs here, although legally have 48 hours from arrest]
39
Requirements for indcitments/informations
* Name of accused * caption - court and parties * *signature - prosecution must sign and swear testimony supports charge if it's a felony* * *if applicable - signature of GJ foreman* * authority (state of FL) * nature of offense * time and place of offense * allegations of facts for each charge
40
M'Naughten test
* severe mental illness * causing D to either not know right from wrong or not know nature of the act
41
What can jury take into deliberations?
* Verdict form * jury instructions * copy of charges w/ indictment/info * evidence, as permitted
42
When does P have to get D required discovery inof?
15 days after D serves NoD
43
Pre-trial motions due at least 10 days before trial
* MT Take Depo to Perpetuate Testimony * MT change Venue
44

FL Civ Pro (2 decks)

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