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Court System
- District Court: no juries, no record, original juris over misd and prelim for felonies
- Circuit Court: trials, orig juris felonies, appeals from dist (de novo)
- CAV: no appeal of right (petition), final appeal for misd if no jail
- SCV: review if substantial const question or issue of sig precedential value, death penalty automatic appeals
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SOLs
- Felony: no limitation
- Misd: one year
- Continuing Offenses: no limitation
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Preliminary Hearing
- held in district court
- charged w/ a felony has a right to a prelim hearing unless an indictment is returned prior to the prelim hearing
- right is wavied if not raised before trial
- Options for prelim hearing judge:
- no probable cause and discharge accused
- probable cause (misd - proceed w/ trial) (felony - certify to CC and commit accused to jail or admit bail)
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Forms of Indictment
- Indictment: a written accusation of a crime prepared by the attorney for the CW and returned a true bill upon oath or affirmation of a legally impaneled grand jury
- Presentment: a written accusation of a crime prepared and returned by a grand jury from its own knowledge or observation w/out any appropriate bill laid before them
- Information: a written accusation of a crime or a complaint for forfeiture of property/money, prepared and presented bya competent public official upon his oath of office
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Forms of Indictment
- irregularities in time or manner do not vitiate the indictment b/c they are considered harmless errors
- except for failure to state an offense or racial exclusion on grand jury
- D may not be tried for a felony unless an indictment or presentment has been found or made by the proper grand jury, unless D waives this right
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Arraignment
- Felony: not necessary if waived by accused
- Misdemeanor: not necessary if waived (accused or counsel) or D fails to appear
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Discovery
- Trial court can order discover of statements or confessions fot he D, which includes written and recorded statemetns of teh accused in connection w/ a particular case; or oral statements only if made to a police officer
- Requirements:
- Discoverable items must be relevant to the case, and items must be known to be w/in the possession, custody or control of CW
- Reciprocal discovery: if discovery is granted to the defense, the prosecution may move the court for reciprocal discovery (attaches only after the defense has been permitted some discovery of the state's case)
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Habeas Corpus
- civil trial where D is civil P and sues govt for a constitutional violation
- Grounds:
- 1. Basis of holding the D is unconstitutional, or
- 2. Manner of holding D is improper/unconst
- Venue is where D was sentenced except death penalty straight to SCV
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Waiver
- Can't waive appearance and failure to state offense
- Three waivable right by affirmative action - counsel, Miranda, jury trial
- All other rights wavied by failure to assert
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