Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Tx Crim Pro > Tx Crim Pro > Flashcards

Tx Crim Pro Flashcards

1
Q

PO May arrest someone in a suspicious place if they have reason to believe:

A
  1. suspect committed domestic violence
  2. suspect violated a protective order
  3. suspect interfered with a 911 call
  4. suspect caused bodily injury to a person and is likely to commit injury to that same person again.
  5. suspect made a statement giving rise to pc that he committed a felony
  6. is suspect violates a protective order in front of PO, PO must arrest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Search Warrant Req.

A
  1. In writing
  2. sighed and dated by a neutral and detached magistrate
  3. based on PC est’d in the affidavit, which relied on the PO’s knowledge at the time affidavid was filled out.
  4. Cannot state conclusory facts
  5. must state with particularity the names of the items, ppl, places to be searched and/or seized
  6. must run in the name of the state of tx
  7. order PO to execute search
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Aguilar test

A

(informant)

  1. veracity/truthfulness of informant
  2. basis of the informant’s knowledge
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Franks Hearing

A

(False statement intentionally put in aff. by PO)
Says that if the suspect can est that the PO knowingly, intentionally, and with reckless disregard for the truth, put a false statement in the aff, and that the statement was substantially relied upon in determining PC to issue the warrant, then the suspect can get behind the warrant and introduce parole evidence to show that the warrant was not valid because of the false statemnt put in the affidavit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Mere Evidence Warrant Req.

A
  1. What PO is specifically looking for
  2. must est. sufficient PC to show that an offense took place
  3. that the evidence to be searched for is evidence of that offense
  4. must describe where the items are to be found
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Exceptions to the arrest warrant requirement

A

(IS OAT)

I: In view
S: Suspicious places

O: Offender about to escape (imminent escape of felony suspect, not time to get warrant)
A: Arrest in theft cases (shopkeeper rule)
T: Traffic offenses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Exception to search warrant Requirement

A
  1. SITLA/ASITLA: no trunk, can open containers
  2. Auto exception: Trunk Okay
  3. Inventory search: Whole vehicles, no containers
  4. Plain view/touch/smell
  5. community caretaking
  6. special needs (checkpoints)-must be leg. authorized in tx.
  7. exigent circumstances
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Jackson v. Denno Hearing

A

(Voluntariness of confession)
D can request a JvD hearing for the judge to determine the voluntariness of the confession. Both sides are permitted to put on evidence in their favor. Once done, the judge decides on the matter. If there is a fact question remaining, it goes to the jury to decide. If the jury determines that the confession was involuntary, they are not permitted to consider it in their final deliberation of the verdict. They do not have to come back with a separate ruling on the voluntariness matter, only the verdict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Written Confessions Req.

A
  1. In writing
  2. Miranda warnings
  3. D understood warnings
  4. D knowingly, intentionally, and voluntarily waived warnings
  5. must specifically waive
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Oral Statements/Confessions requirements generally not admissible in TX unless:

A
  1. statement found to be true
  2. statement is recorded
    a. device is adequate
    b. key voices id’d
    c. warnings given on tape
    d. copy of take given to D pre-trial
  3. res gestae
  4. not the product of custodial interrogation
  5. made to an out of state officer or federal agent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

FOTPT Exception

A
  1. attenuation
  2. independant source
  3. inevitable discovery (Not in Texas)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Gerstein Hearing

A

If D is arrested w/o a warrant, he must go before a magistrate within 48 hours in the state of tx (24 in harris co) for a probable cause determination (aka gerstein hearing) This is only for warrantless arrests

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

To bring a suspect before GJ, you must have

A
  1. timely notice of the crime he’s being accused of
  2. he has the right to consult with his atty outsiide the GJ room.
  3. he may be compelled to testify, but can plead the 5th to avoid self-incrimination
  4. cannot plead 5th to avoid incriminating someone else
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Challenge Juror (even after waived)

A
  1. grand jury not selected based on proper statutory method

2. officer summoned the gj corruptly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Grand Juror Qualifications

A
  1. citizen
  2. sound mind
  3. not convicted of felony or theft
  4. can’t have served on GJ in past year
  5. cannot be related to other juror
  6. 18+
  7. cannot be currently indicted
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Grand Jury Testimony

A
  1. can be recorded
  2. if given by suspect, must be reduced to writing and signed by suspect
  3. if suspect testifies, he must do so before other witnesses
  4. other witnesses testimony does not have to be recorded. If recorded must go to D after that witness testifies at trial, but before cx
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

If D testifies at GJ proceeding, he must be informed that:

A
  1. apprised of what he’s accused of
  2. reminder, he’s under oath
  3. false statements can lead to perjury cases
  4. he has the right not to incriminate himself
  5. he has the right to consult w/ hsi atty outside the room.
  6. his statements can be used against him.
18
Q

Is ET admissible

A

It is admissible at trial if it was subject to cs during the ET and the witness is unavailable

19
Q

D can make an unsworn statement at the ET if he’s informed by the magistrate that

A
  1. he doesn’t have to make a statement

2. it can be used against him.

20
Q

How is a complaint valid

A

Must be signed in notary’s presence

21
Q

Indictment Defects

A
  1. Purpose of the indictment is to give D notice as to what the charges he must be prepared to defend against.
  2. Must be objected to pre-trial or they’re waived
  3. can object up to the day before trial begins
  4. if an amendment is made based ont he defect (eg elements of the crime charge are missing) D is given a 10 day extention to prepare. Failure to do so is reversible error. No extention to the amendment is taking something out of the indictment
  5. if the amendmant adds new charge, it must go back to the grand jury for new indictment
  6. jury instruction must mirror what’s on indictment
22
Q

Bail can be denied when

A
  1. D is charged with violent felony
  2. D is charged with violent sexual crime
  3. D is charged iwth a felony while out on bond for a different felony
  4. D is charged with a felony involving a deadly weapon and has a prior felony
  5. D is charged iwth a capital felony and proof is evident that he will most likely recieve death

Bail can only be denied for 60 days from date of arrest, then it must be set (doesn’t mean D will be able to pay) Original bail hearing must occur within 7 Days of arrest

23
Q

Factors determining bail

A
  1. ties to community
  2. length of time in community
  3. previous compliance with bail
  4. crime charged
  5. financial resources
  6. likely punishment
  7. whether D’s a flight risk or danger to community
24
Q

Depos are Mandatory When

A
  1. Someone is elderly or disabled under the ADA (65+)
  2. within 60 days of the order being granted
  3. parties can agree to extend the deadline
  4. rules of civ pro control
25
Q

Use before the Jury Rule

A
  • D has a right to any document used or referred to in the front of the witness (for such things as refresh recollection, violation is auto reversal)
  • PO report not req-d to be turned over
26
Q

Gaskin Rule

A

D has right to any document or statement made pretrial once the witness testifies regarding the related document. D must request aftter direct but before cx

27
Q

Admonishments Req’d before D pleads guilty

A
  1. range of punishment
  2. prosecutor’s reccomendations are not binding on the judge
  3. plea must be free and voluntary
  4. plea may limit D’s right to appeal
  5. D may be subject to deportation

State must introduce some evidence of each element of the crime when D pleads guilty. (only for felonies, evidence can be written stipulation or D testifying)

28
Q

Waiver of Jury Trial

A
  1. must waive in writing
  2. pre-trial
  3. state must consent
29
Q

Const. Req’mnts for Guilty Plea

A
  1. free and voluntary

2. D is competant

30
Q

Tx reqments for Guilty Plea

A
  1. substantiating evidence
  2. proper waiver of jury trial
  3. proper admonishments
31
Q

of jurors/challenges

A

Misdemeanors: 6 jurors, 3 p-chals, unlmt c-chal

Capital Felony: 12 (2 alts), 15 p-chals, unlmt c-chal

Felony: “ “ except only 10 p-chal

32
Q

If challenging Juror for cause and the court won’t agree

A
  1. have the challenge for cause entered/read into the record. be clear as to what you’re challgening the juror for.
  2. show D had to use a peremptory bc judge wouldn’t grant the causal challenge
  3. if no peremptories left, show D requested additional peremptories and was denied.
  4. show that juror should not have been seated
  5. if on appeal it is found that D had valid causal challenge, then reversal
33
Q

Order of Trial

A
  1. Indictment read by DA
  2. D pleads
  3. jury selected/seated

The Rule: Either side can invoke; prevents a witness from sitting in the courtr
room during trial until it is their turn to testify; prevents them from being influenced by other testimony; cannot invoke against D

  1. both sides rest
  2. charge given to jury after both sides have had a chance to review/object/modivy. charge given orally and on paper
  3. closing arguments
  4. jury returns a verdict and hands to judge. verdict read.
  5. after verdict read, both sides can poll jury
34
Q

Lesser Included Offense

A

If not inlcuded in indictment, D can request the judge give an instruction on the LIO as long as all the elements of it are in the indictment, and there’s evidence in the record to support it.
-no notice is reqd bc D is requesting the instruction

35
Q

Abstract and application in Jury charge

A
  • The jury must contain an abstract statement of the law as well as an application of the facts to the law
  • the charge must contain language regarding acquittal
  • If D presents a legal defense and there’s evidence of it in the record, the judge must instruct the jury on it, must be valid defense.
  • cant dictate in the charge that a dispute fact is true
36
Q

Are jury charge defects waivable?

A

Yes. If they aren’t raised, they are waived.

  • must specifically object
  • Object in writing and read into the record
37
Q

Sentencing

A
  • any evidence that the cout deems relevant is permitted at sentencing(if it would nudge the jury either way, it’s relevant)
  • D can request timely notice of any prior bad acts convictions that will be presented at sentencey (BRD std for acts falling short of a conviction)
  • Victim impact evidence that shows the consequences of D’s actions on v’s fam/friends
  • Victim Character Evidecne: shows who V was, puts a face to a name
  • Test for admissibility: Does the prejudicial impact outweigh the evidence’s probative valu; if so it’s too much and won’t be admitted

Factors to consider: prejudicial natures, probative value, time needed to develop the evidence, the need for the evidence
-victim impact statement: statement the family reads after centencing, not read intot he record, just to give family closure

38
Q

Types of correctional facilities

A

Local/county Jails:

a. misdemeanors
b. 2:1 credit
c. sheriff decides who gets released and when
d. usually followed by some sort of community supervision

State Jail felonies:

a. 6mos to 2 year sentences
b. less serious felonies
c. no 2:1 credit, day for day credit only
d. doesn’t count toward three strike rule
e. no parole

TxDoc Prisons:

a. more serious felonies
b. eligible for parole after 25% of sentence
c. for more serious offenses, D must serve 50% before eligible
d. counts towards three strikes rule

39
Q

Deferred adjudication

A

a. can only be issued by a judge
b. judge takes the guilty plea and sets it aside. If D complies with terms of DFA, the plea is not entered and the charges dismissed
c. the original sentence the judge would’ve imposed were it not for DFA cannot be for more than 10 years.
d. If D violates DFA, DA need only file a motion to adjudicate
- PPD ev. std to show D violated the terms condition of DFA

40
Q

Probation

A

a. can be issued by judge or jury
b. does not result in clean record for D
c. the original sentence a judge would’ve imposed were it not for probation cannot be more than 10 years
d. D must file a sworn application for probation
e. cannot have been convicted of a previous felony
f. If D violates probation, DA must file a motion to revoke probation, must establish:
- PPD ev. std that D violated his probation
- show that D was on probation
- Tell D the basis for revoking his probation

41
Q

Enhancements

A

Prior criminal convictions are used to enhance the current charges, thus increasing the possible sentence a D faces

Tx Crim Pro (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions