Texas Crim Pro

adrianmillion's version from 2015-07-27 21:13

Section 1

Question Answer
Who is excepted from "the rule"?DOVES
OOfficer or Director or designated agent of the corporation
VVictim or victim's guardian, or a close relative of a deceased victim unless the trial court finds that the testimony would be "materially affected" by hearing the other testimony
EEssential to the presentation of the party's case
SSpouse—can't be excluded in civil trial, but CAN be excluded in a criminal trial.

Section 2

Question Answer
When can a jury consider whether evidence was illegally obtained?A defendant can get to the jury if he can raise a CONTESTED question of FACT before the jury concerning the legality of the manner in which the evidence was obtained.
If the ∆ can get to a jury, what should the jury be told by the judge in the instructions?The jury should be told to consider whether the evidence was illegally obtained. It should further be instructed that it should disregard the evidence unless it finds the state proves BRD that the evidence was legally obtained.

Section 3

Question Answer
Permissible Argument to Jury:SDACE
SSUMMATION of the evidence
DMaking reasonable DEDUCTIONS from the evidence
ACANSWERING arguments of opposing counsel
EMaking pleas for law ENFORCEMENT
Impermissible Arugments to the Jury
5AComment on D's invocation of self-incrimination rights
PExpress PERSONAL opinions
Cargue what the COMMUNITY demands; or
SSTRIKE at teh ∆ over the SHOULDER of defense counsel.
Prosecutor CANNOT comment on 5th A
(1)Defendant's failure to testify at TRIAL
(2) D's silence after arrest and Miranda warnings, or
(3)(Under TX Law) the defendant's silence after arrest (pre-Miranda)
Prosecutor CAN comment on 5th ABUT, the prosecution can comment on silence before arrest!

Section 4

Question Answer
Evidence Requiring CorroborationAC-SUDS
AAccomlice Testimony
C∆'s out-of-court CONFESSION (the "Corpus Delicti" Rule)
SASEXUAL ASSAULT victim's testimony
Utestimony by an UNDERCOVER informer
DCertain DRUG prosecutions
SJailhouse SNITCH testimony
Accomplice Testimony RuleA defendant cannot be convicted on the testimony of an accomplice UNLESS there is corroborating evidence that tends to CONNECT the defendant to the crime
Corpus Delicti RuleA ∆ cannot be convicted on an out-of-court confession unless there is corroborating evidence of the "corpus delicti," that is, evidence tending to show that a crime, was in fact committed.
Sexual Assault Victim RuleA ∆ cannot be convicted on the testimony of a sexual assault victim without corroborating evidence connecting the ∆ to the offense unless: (1) victim told someone other than D about the offense within 1 year of its commission, (ii) the victim was under 18 years of age at the time of the crime, (iii) the victim was impaired, that is, unable to satisfy her need for food, shelter, care, and protection, or (iv) the victim was 65 years of age or older
Drug ProsecutionsIn a prosecution for a drug offense, conviction cannot rest on the uncorroborated testimony of a person not a law enforcement officer, who acted covertly or under color of law enforcement.
Jaihouse Snitch RuleA conviction cannot rest on the testimony of a person to whom the ∆ made a confession while that person was confined in jail with the defendant. The testimony of such a person must be corroborated by testimony tending to connect the defendant to the offense.

Section 5

Question Answer
Eligibility for Community Supervision (probation) if:TFWS MSO
TTen years or less of punishment assessed
FFiles a pre-trial application
WIn Writing
FStates that the ∆ has not been convicted of a felony.
MSOCannot be crime of Murder or Sex Offense with child under 14.
When can the Jury, but not the judge, give community supervision for a §3g offense?
3gWhen a conviction is for a §3g offense, but not murder or sex offense with a child under 14
DWDeadly weapon finding is made.
Eligibility for Deferred AdjudicationA defendant enters a plea of Guilty or Nolo Contendre, AND the charge is an offense other than:
IAintoxicated Assault
IMIntoxicated manslaughter

Section 6

Question Answer
Grounds for Granting a Motion for New Trial:CCC, BRLE
CContinuing trial when D required to be present and was not
CD's right to COUNSEL was violated
CA juror CONVERSED about the case with someone not on the jury, or
BA juror was BRIBED or engaged in other corrupt conduct
RThe jurors received evidence after RETIRING to deliberate
LVerdict was by LOT (flipped coin)
Enew EVIDENCE has been discovered
TIMING of Motion for New Trial:
Filing:Within 30 days of the pronouncement of the sentence
Presentation: Must be presented to the court within 10 days of filing
Ruled on:Must be ruled on within 75 days of sentencing
DThe indictment has a DEFECT of substance
VThe verdict VARIES from the indictment, or
IThe judgment is INVALID.

Section 7

Question Answer
When State Can AppealThe state can appeal a criminal thing in 6 situations:
IDismisses the INDICTMENT
Sgrants a defense motion to SUPPRESS evidence before jeopardy attaches, or
Jsustains a ∆'s claim of double JEOPARDY
Post-TrialNT, AJ, S
NTGrants a defense motion for a new TRIAL
AJgrants a defense motion to ARREST JUDGMENT, or
SImposes an "illegal" SENTENCE
JMust show JEOPARDY had not yet attached when order was entered
TTime—Must show the appeal was taken within 20 days of teh trial court's order
CCertify‚The state must certify that :(i) the evidence is of SUBSTANTIAL importance in the case AND (ii) the appeal is not taken for purposes of delay.

Section 8

Question Answer
In TX, Search Warrant Must Contain:SHIT-C
SSIGNATURE of the issuing magistrate
Han endorsement of the Date and HOUR it was issued
ISpecifications of ITEMS to be seized
TSpecification of the Person, Place, or THING
CCaption—A statement that it runs in the name of "The State of Texas"

Section 9

Question Answer
TX Arrest Warrant is Permissible If:SPODS-FA-VE
SSuspect is found in a SUSPICIOUS place, and has committed a felony or breach of peace
POsuspect committed a violation of PROTECTIVE order
DDanger—Suspect inured another and danger of further injury to the victim
SStolen—suspect is found with STOLEN property
Fsuspect injured member of FAMILY or household
Aprobable cause to believe suspect committed a felony is based on ADMISSIBLE statement to officer
VCommitted in officer's presence or VIEW
EP.C. to belive suspect committed a felony and reason to believe suspect is "about to ESCAPE"
Items Required in TX Arrest Warrant
NoPName of the person to be arrested, or a PHYSICAL description
Oname of the OFFENSE the person is accused of committing
SSIGNATURE of the issuing magistration
OOFFICE of the issuing magistrate.

Section 10

Section 11