Statutory Law Flashcards
(25 cards)
hypo: if offenders or offenses are joined improperly, as defense counsel
file motion to quash
to join offenses,
(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”
hypo: if defendants are joined properly, but it would be prejudicial
then file motion to sever
time period for most criminal law things
15 days
hypo: any pretrial PROCEDURAL error by prosecution
probably motion to quash
in louisiana, stop begins according to statute
when the stop is imminent – ie, if police chasing you down street, stop has already begun
hypo: citizens arrest
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
hypo: being extradited
hearing must be held to confirm identity
right to counsel attaches when the crime
carries a possible sentence of imprisonment
in setting bail, consider 2 factors
dangerousness & flight risk
initial hearing in front of a judge must be within
72 hours of arrest
bill of particulars
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
how long does prosecution have to file bill of information against you?
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
prescription interrupted for purposes of filing charges when
(1) defendant flees state
(2) D found mentally incompetent to proceeds
(3) charge dismissed by DA
trial must be brought within
3 years of initiation for capital cases
2 years of initiation for felony cases
1 year from initiation for misdemeanor cases
standard for mental incapacity to proceed
(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
judge MUST be recusued if
(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
hypo: defendants want to join their cases into one trial
motion for consolidation
discovery by defendant
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
not subject to disclosure by DA
work producut
defendant must disclose to state
any documents, tangible objects, or reports of examinations or tests that he plans to use at trial
must be given 10 days before trial
hypo: trial caused injustice. as defense counsel,
file motion for new trial.
must be filed before sentencing, then sentencing may not happen until at least 3 days after motion
grounds for new trial
(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
times at which defense counsel can move for finding of acquittal
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
