Pretrial Procedures

Question 1

What is the test for impermissibly suggestive ID procedures?

Answer 1

1. D prove ID impermissibly suggestive
2. Substantial likelihood of misidentification
3. P needs to prove that it was nonetheless reliable

Question 2

What occurs at an initial appearance?

Answer 2

1. Judge advise D of charges / rights
2. Appoints counsel if indigent
3. Can decide conditions of bail / accept plea

Question 3

What are the defendant’s right as to bail?

Answer 3

1. No constitutional right to bail

2. Denial / excessive bail must comply w/ Due Process

Question 4

What are the requirements for defendant’s competency?

Answer 4

D must (1) comprehend nature of proceedings, (2) ability to consult w/ lawyer w/ reasonable degree rational understanding, (3) competent to stand trial

Question 5

What rights does the defendant have with regards to grand juries?

Answer 5

D has no right (1) present / confront witnesses, (2) introduce evidence, (3) dismiss b/c of procedural defect

Question 6

What duty does the state have to disclose favorable evidence?

Answer 6

Must disclose any (1) material evidence favorable to D, (2) relevant to P’s case in chief, (3) that would negate guilt / diminish culpability / punishment

Question 7

What are remedies for the state not disclosing favorable evidence?

Answer 7

Reversal if D shows (1) evidence favorable to D AND (2) failure to disclose prejudiced D