Crim Pro (TX) Flashcards
(49 cards)
WARRANTLESS ARRESTS
Need PC PLUS one of the statutory grounds (unlike Fed, just need PC):
Presence or view of officer Suspicious place or circumstances Violation of PO Preventing consequences of theft Assault Fleeing felons Fugitives from another state
WARRANTS
Extend to:
ANY part of the whole state
INITIAL APPEARANCE BEFORE MAGISTRATE
Must be within:
without unnecessary delay—no more than 48 hours
INITIAL APPEARANCE BEFORE MAGISTRATE
What must mag inform D of?
(1) Charges against him
(2) Right to counsel
(3) Miranda rights, including right to terminate interview at any time
(4) Right to an EXAMINING TRIAL (if pre-indictment felony)
(5) Amount of bail
WARRANT
SEARCH warrant contents:
ARREST warrant contents:
Can a warrant be both?
(1) Runs “in the name of the State of Texas”
(2) Things to be seized and property to be searched
(3) Commands peace officer to conduct the search
(4) DATED and SIGNED by MAGISTRATE, including office
* If it’s an EVIDENTIARY SEARCH WARRANT, need to establish probable cause in the affidavit—the offense and how the evidence sought is linked to it.
(1) Name of person to be arrested
(2) Offense accused of
(3) DATED and SIGNED by MAGISTRATE, including office
Yes
WARRANT
Must be executed how fast?
Without delay—no later than 3 days after
CONFESSIONS
Voluntariness is evaluated under what standard?
Totality of circumstances
JACKSON v. DENNO HEARING
What is it?
Motion to suppress statements—challenges ONLY VOLUNTARINESS
JACKSON v. DENNO HEARING
What’s the jury’s role?
Not there for the hearing
If judge rules voluntary, jury can still DISREGARD if they find it was INVOLUNTARY BEYOND A REASONABLE DOUBT
WRITTEN CONFESSION
What’s required for the statement to be admissible?
(1) D was given Miranda warnings
(2) Knowing, voluntary waiver of rights
(3) D signed, or handwritten
* This all has to be apparent on the FACE OF THE DOCUMENT
ORAL CONFESSION
What’s required for the statement to be admissible?
(don’t need this stuff if you’re just using it to IMPEACH)
(1) Electronic recording (accurate)
(2) Mirand warnings ON THE TAPE
(3) Waiver ON THE TAPE
(4) All voices must be IDENTIFIED
(5) D atty was given a copy 20 DAYS BEFORE TRIAL
Pre-arrest vs. post-arrest silence
When can it come in?
Pre-arrest
- Only to IMPEACH
Post-arrest»_space;> NEVER
BAIL
Factors for setting amount:
MUST consider: Assure presence of D Not excessive, instrument of oppression Type of crime charged D's financial resources Safety of V and community
BAIL
When can judge outright deny?
- Capital murder
- D has two prior felonies
- D presently on bail for another offense
- The charged felony involved a deadly weapon
BAIL
What procedural device to challenge bail?
To whom is it directed?
Habeas
An official who has someone in custody
- Judge of CCA
- District judge
- County judge
GJ
How many votes to convict?
9/12
GJ
Examining trial AFTER GJ?
NO
GJ
Requirements for WAIVER of GJ:
(1) Rep by counsel
(2) Open court or written
(3) Voluntary
(4) State isn’t seeking death penalty
GJ
Who’s allowed to be in the room?
Prosecutor, staff Witnesses Grand jurors Court reporter Interpreter, if necessary
GJ
What kinds of crimes get a GJ?
Felonies
GJ
If D appears before GJ, what warnings is he entitled to?
(1) Right to not answer incriminating Qs
(2) Notice of offense (county and time)
(3) Right to counsel OUTSIDE THE ROOM
(4) Right to have Qs and As recorded
GJ
When is a transcript of GJ available to the defendant before trial?
Only if PARTICULARIZED NEED is shown
PLEADINGS
When is it too late for D to object to a defect in indictment or information?
What motion to challenge the pleading?
The day of TRIAL
Motion to QUASH
INDICTMENT
Required content:
OPEN:
- “in the name and by the authority of the State of Texas”
PLACE:
- Presented to and acted upon by a GJ in the proper county
- Place of the offense
NAME
- Person indicted (or reasonable description if unknown)
- Victim
DATE:
- Date of offense (can’t be in the future)
- Watch the YEAR
CHARGE
- Need ALL ELEMENTS
CLOSE:
- “against the peace and dignity of the State”
- Signed by the foreperson and DA
