Grade 3 Exam

Grade 3 Exam - Term Definition Per 1054.1 what 6 categories...

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Term: Per 1054.1, what 6 categories of discovery must be provided to the defense? Definition: NSRFEW 1) Name and addresses of witnesses for trial, 2) Statements of all Ds, 3) Relevant evidence, (4) Felony convictions of material wits, 5) Exculpatory evidence, 6) Written/recorded statements of wits+expert reports Term: What should filing DDA do if informed that there is privileged information? Definition: Insert memorandum into case file to alert arraignment deputy Term: What 3 categories must D disclose to P? Definition: 1. Names and addresses of person intended to be called at trial, 2. Relevant recorded statements of wits (including experts), 3. Results of physical or mental exams and experiments D intends to offer Term: Who must be contacted if discovery is sought about a person in the Witness Protection Program? Definition: Bureau of Investigation Administrative Lieutenant
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Term: Who must give approval for use of Prop 115 testimony for a non-corpus witness? Definition: HD or DIC (and only in unusual circumstances Term: If a reviewing court grants an 871.5 motion how soon thereafter must the PH magistrate resume proceedings? Definition: 10 days Term: Whose approval is needed to file an 871.5 motion? Definition: HD or DIC Term: How soon after PH must an 871.5 motion be filed? Definition: 15 days Term: How many days notice by D give to hear 1538.5 at PH? Definition: 5 court days (also, restricted to evidence sought to be introduced by P at the hearing)
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Term: If 1538.5 granted and D still held to answer, how many days to file 1538.5(j)? Definition: 15 days Term: Pursuant to PC 1166, what factors must court consider on the record before allowing D to remain on bail following a guilty verdict in a felony? Definition: 1. Protection of public, 2. Seriousness of offense, 3. Previous criminal record, 4. Probability of D appearing for judgment, 5. Public safety Term: What is office policy regarding when it is ok to submit on PH transcript? Definition: 1. Only where it is "most effective way to present P's case", and 2. Trial court must decide G as to all charges Term: Whose approval is needed to submit on a PH transcript? Definition: Grade IV DDA or HD Term: What is the standard for a recusal motion? (PC 1424) Definition: Evid must show conflict of interest exits that would render it UNLIKELY DEFENDANT WOULD RECEIVE A FAIR TRIAL
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Term: How far in advance of hearing must P receive notice of motion to recuse? Definition: 10 court days Term: If recusal motion received, who must be notified? Definition: HD and Bureau Director Term: Who must approve peremptory challenge of judge in individual case? Definition: HD (who must inform BD) Term: Who must approve peremptory challenge of judge in all cases, or challenge for cause? Definition: Chief Deputy Term: T/F: D pleads guilty to felony, but not sent to prison. D does not need to be advised of minimum/maximum prison sentence Definition: False. DDA must also explain potential parole terms.
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Term: What must DDA do if a court imposes an illegal sentence?
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