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Flashcards in TX assessment review Deck (14)
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1

Defense is working on a plea deal with the state. During negotiations, ∆ makes certain statements to the state. These statements are...

not admissible if they result in a plea of nolo contendre, but that plea is later withdrawn

2

The hearsay rule, as applied to civil litigation, is applied to criminal litigation...

in the same way

3

When attempting to impeach a W, a prior conviction is considered stale if...

12 years have passed between date of conviction and date conviction was offered to impeach W, and TC has determined that the probative value of the conviction does not outweigh the prejudice

4

∆'s former spouse claims she has a privilege not to be called as a W for the state. Does she have a valid claim

no because the marriage was dissolved prior to the time of trial

5

In a criminal trial, the spouse of the ∆

sometimes has a privilege not to be called as a W

6

When may a judge declare a mistrial due to a deadlocked jury

if both sides agree OR when the judge determines that the jury has been kept together for deliberation for a sufficiently long time to make it altogether improbable that it will reach a verdict

7

Following ∆'s timely request, the state must produce certain items for inspection and copying. The order for production of these items...

may not authorize removal of the evidence from the prosecution's possession

8

The court may order disclosure of expert Ws but not later than...

the 20th day before jury selection is to begin

9

Potential factors used by the court to determine whether a ∆ is competent to stand trial in a criminal case

- whether ∆ has a rational understanding of the proceedings
- whether ∆ has a factual understanding of the proceedings
- whether ∆ has the ability to rationally consult with his lawyer

10

∆'s 1st MFC because of a missing W must state...

- the name and residence of the W
- the diligence used to procure the attendance of the W
- the material facts which ∆ expects to prove by W
- the W is not absent by the procurement or consent of ∆
- the motion is not being made for delay
- no reasonable expectation the W can be presented during the present term of the TC

11

After an indictment is returned, who has a right to an examining trial

NEITHER felony nor misdemeanor ∆s

12

Factors the court takes into consideration when setting bail are

- whether the bail is sufficiently high to give reasonable assurances that ∆ will appear
- nature of the offense and circumstances under which it was committed
- ∆'s abilirt to make bail AND
- future safety of V and community

13

If a person has been found in a suspicious place, a warrant is not necessary for his arrest if...

the person is publicly intoxicated

14

If an arrest is made without a valid warrant if must be either...

- officer personally observes commission of an offense
- officer has recovered stolen property and ∆ is believed to have stolen it