-
Trial Guarantees
- 1. speedy and public
- 2. impartial jury
- 3. assistance of counsel
- 4. right to be present
- 5. right to confront witnesses
- 6. right to remain silent/testify
- 7. presumed innocent
-
Speedy trial balancing test
- 1. length of delay
- 2. reason for delay
- 3. D assertion of right
- 4. prejudice to D
-
duty to disclose evidence that is:
- 1. favorable
- 2. material
- 3. goes to guilt/innocence
-
Pre-trial ID reliability factors
- 1. opprotunity to view D in act
- 2. witness attention
- 3. accuracy of description
- 4. level certainity demonstrated
- 5. time b/t crime and confrontation
-
subsequent in court id factors
- 1. observation of crim act
- 2. description of discrepancies
- 3. ID someone else in lineup
- 4. picture to ID b4 lineup
- 5. previous failure to ID
- 6. time b/t act and lineup
-
discriminatory preemptory challenge factors
- 1. D member of cognizable group
- 2. P excluded members of that group
- 3. ToC infers discrimination
- 4. no neutral explanation
-
Pre-trial ID excluded if
- 1. impermissibly suggestive, AND
- 2. unreliable
-
ineffective counsel factors
- 1. experience
- 2. tactics = incompetent action
- 3. D prejudiced
- 4. ineffectiveness caused by factors ouside counsel's control
-
critcal stages of criminal process
- 1. prelim hearing
- 2. interrogation
- 3. lineup/show up
- 4. trial
- 5. sentencing
- 6. plea
- 7. 1st appeal
-
ineffective counsel test
- 1. seriously deficient performance
- 2. prejudice (reasonable probability diff outcome)
-
per se prejudice (ineffective counsel)
- 1. total denial of counsel
- 2. no meaningful adversarial testing
- 3. even competent counsel couldn't have done that
-
elements of competence
- 1. investigation
- 2. presentation
-
consent of client required for:
- 1. testify or not
- 2. pleading guilty
- 3. jury or bench trial
- 4. appeal
-
self representation
- 1. warned of consequences
- 2. waiver was voluntary, competent, and unequivocal
|
|
