Statutory Law

Question 1

hypo: if offenders or offenses are joined improperly, as defense counsel

Answer 1

file motion to quash

Question 2

to join offenses,

Answer 2

(1) must all be triable by the same structure of trial (iie, 6 jurors, 12 jurors) AND
(2) EITHER all be the same crime OR arise from “same scheme”

Question 3

hypo: if defendants are joined properly, but it would be prejudicial

Answer 3

then file motion to sever

Question 4

time period for most criminal law things

Answer 4

15 days

Question 5

hypo: any pretrial PROCEDURAL error by prosecution

Answer 5

probably motion to quash

Question 6

in louisiana, stop begins according to statute

Answer 6

when the stop is imminent – ie, if police chasing you down street, stop has already begun

Question 7

hypo: citizens arrest

Answer 7

may make for a felony committed in or out of presense of private person
merchant may hold someone for 60 mins if suspected of shoplifting

Question 8

hypo: being extradited

Answer 8

hearing must be held to confirm identity

Question 9

right to counsel attaches when the crime

Answer 9

carries a possible sentence of imprisonment

Question 10

in setting bail, consider 2 factors

Answer 10

dangerousness & flight risk

Question 11

initial hearing in front of a judge must be within

Answer 11

72 hours of arrest

Question 12

bill of particulars

Answer 12

where indictment fails to state sufficient facts, defendant may ask that missing information be provided

file: motion for bill of particulars

does not include right to witnesses. includes right to who/what/when/how information

Question 13

how long does prosecution have to file bill of information against you?

Answer 13

for capital crimes have no time limit

for felony mandatorily punishable by imprisonment = 6 years

felony not necss punishable by imprisonment = 4 years

misdemeanor punishable by fine or imprisonment = 2 years

misdemeanor punishable only by fine = 6 months

Question 14

prescription interrupted for purposes of filing charges when

Answer 14

(1) defendant flees state
(2) D found mentally incompetent to proceeds
(3) charge dismissed by DA

Question 15

trial must be brought within

Answer 15

3 years of initiation for capital cases

2 years of initiation for felony cases

1 year from initiation for misdemeanor cases

Question 16

standard for mental incapacity to proceed

Answer 16

(1) currently
(2) unable to understand the proceedings

court appoints an insanity commission to investigate whether he is capable to proceed – if not, then goes to metal treatment until fit too stand trial

Question 17

judge MUST be recusued if

Answer 17

(1) if judge is material witness
(2) is biased prejudiced or personally interested
(3) otherwise unable to conduct a fair trial
(4) closely related to defendant, victim, defense counsel, or district attorney
(5) was involved in the case as an attorney or has been associated with an attorney in the case

Question 18

hypo: defendants want to join their cases into one trial

Answer 18

motion for consolidation

Question 19

discovery by defendant

Answer 19

DA must hand over any written or recorded confession of the defendant

inform defendant of existence but not content of any oral confession by D or co-D

disclose record or arrests and convictions of D, co-D or any witness the state intents to call at trial

Question 20

not subject to disclosure by DA

Answer 20

work producut

Question 21

defendant must disclose to state

Answer 21

any documents, tangible objects, or reports of examinations or tests that he plans to use at trial

must be given 10 days before trial

Question 22

hypo: trial caused injustice. as defense counsel,

Answer 22

file motion for new trial.

must be filed before sentencing, then sentencing may not happen until at least 3 days after motion

Question 23

grounds for new trial

Answer 23

(1) verdict contrary to law and evidence
(2) court’s ruling on written motion shows prejudicial error
(3) newly discovered evidence has become available
(4) discovery of prejudicial evidence not previously discoverable by diligence
(5) justice so requires

Question 24

times at which defense counsel can move for finding of acquittal

Answer 24

after state’s case, only in bench trial, motion for judgement of acquittal.
after verdict, motion for post-verdict judgement of acquittal
within 30 days of sentencing, motion to reconsider sentence

Question 25

appeals

Answer 25

defendant has 30 days from rendition of the judgment or ruling on the motion.

standard = if all evidence is insufficient to support a conviction, may be overturned; if evidence was sufficient but prejudicial error existed, then grant new trial