Important Cases

Question 1

Apprendi

Answer 1

Jury must make findings to increase sentence over statutory max OTHER than prior convictions

Question 2

Blakely v Washington

Answer 2

6th amendment right to jury trial violated if judge increases sentence outside of guideline range without jury finding

Question 3

Brady

Answer 3

Exonerating, exculpatory or impeaching evidence held by the state

Question 4

Giglio

Answer 4

State must disclose anything material affecting credibility of a witness

Question 5

Spencer v Florida

Answer 5

Death penalty hearing for defense to present evidence after jury finds death

Question 6

Strickland v Washington

Answer 6

IAC two things:
-counsel’s performance fell below an OBJECTIVE standard of reasonableness
-Reasonable probability it would have changed outcome

Question 7

Faretta v California

Answer 7

Constitutional right to represent yourself but must be knowing and intelligent waiver of counsel

Question 8

Alford pleas

Answer 8

Best interest plea not an admission

Question 9

Nebbia hearing

Answer 9

Legit source of bond—not in FL but in federal

Question 10

Alcorn violation

Answer 10

When attorney doesn’t convey plea offer, prejudice prong is different for Strickland analysis

Question 11

Allen charge

Answer 11

Encourage deadlocked jury to reach a verdict

Question 12

Nelson hearing

Answer 12

Should court appointed counsel be removed

Question 13

Melbourne objection

Answer 13

Race challenge—reaffirmed Neil basically—burden on party using the strike to give race neutral reason and not pretextual

Question 14

Batson challenge

Answer 14

Race neutral reason

Question 15

Ring v Arizona

Answer 15

Jury must decide aggravating factors for death penalty

Question 16

Franks challenge

Answer 16

Challenging a search warrant based on false info—burden is on defendant!

Question 17

Arthur hearing standard

Answer 17

Proof evident, presumption great

Question 18

Huff hearing

Answer 18

Determines if evidentiary hearing appropriate in post conviction

Question 19

Atkins hearing

Answer 19

Determines if D is mentally retarded and ineligible for death penalty

Question 20

Bruton Violation

Answer 20

Can’t use co-defs confession implicating def

Question 21

Garcia hearing

Answer 21

Waiving conflict in being rep’d by same lawyer

Question 22

Quarterman agreement

Answer 22

Sentence up to max if no show for sentencing

Question 23

Jackson v state (test for due process violation and pre indictment delay)

Answer 23

Substantial prejudice to the deft AND bad faith on behalf of the state

Question 24

Can judge use failure to accept responsibility in sentencing?

Answer 24

Only if give up right to remain silent and claimed innocence/blamed others

Question 25

Can you concede guilty for the defendant

Answer 25

Yes if they are not expressly objecting

Question 26

When can state comment on defense not presenting evidence

Answer 26

Affirmative defense—alibis, self defense, defense of others

Question 27

Brown v. State (FL Supreme Court 2018)

Answer 27

Upward departures are not allowed unless jury findings—does not apply retroactively, even for cases that were on appeal at the time

Question 28

Graham v Florida

Answer 28

No life without parole for non-homicide offenders under 18

Question 29

Miller v Alabama

Answer 29

Mandatory life without parole not ok

Question 30

Carpenter v US

Answer 30

Cell sites—need a warrant! Expectations of privacy from the 4th amendment for location