CRIMINAL PROCEDURE AND EVIDENCE—TEXAS.

I. JURISDICTION.

A. PRELIMINARY MATTERS.

B. TRIAL OF OFFENSES.

1. District Courts.

2. County Courts.

3. Municipal Courts.

4. Justice Courts.

C. APPEALS.

II. SEARCH WARRANTS.

A. ISSUANCE BY MAGISTRATE.

B. PROBABLE CAUSE MUST BE SHOWN IN AFFIDAVIT.

C. REQUISITES OF A SEARCH WARRANT.

D. EVIDENTIARY SEARCH WARRANTS.

1. Requirements for Issuance.

2. Search Pursuant to Evidentiary Warrant.

E. TIME OF EXECUTION AND PRESENTATION OF COPY.

F. INVENTORY; RETURN ON WARRANT.

G. WIRETAPPING AND SIMILAR ACTIVITY.

1. Application for Court Order.

2. Necessary Findings.

3. Notice to Suspect.

H. PEN REGISTERS AND “TRACE AND TRAP” DEVICES.

III. SEIZURE AND FORFEITURE OF CONTRABAND.

A. “CONTRABAND” SUBJECT TO SEIZURE AND FORFEITURE.

B. SEARCH WARRANT.

C. PROCEEDINGS FOR FORFEITURE.

D. PROTECTION FOR INNOCENT INTERST HOLDERS.

IV.ARRESTS AND DETENTION.

A. ARRESTS WITH A WARRANT.

B. ARREST PURSUANT TO CAPIAS.

C. ARRESTS WITHOUT A WARRANT.

D. BREAKING TO MAKE AN ARREST.

E. RACIAL PROFILLING.

V. PRESENTATION BEFORE THE MAGISTRATE.

A. DUTY TO PRESENT.

B. DUTIES TO THE MAGISTRATE.

C. APPOINMENT OF COUSEL.

VI.HABEAS CORPUS.

A. DEFINITIONS, SCOPE, AND GRANT

B. REQUIREMENTS OF PETITION FOR WRIT.

C. PROCEDURE.

VII. PRETRIAL RELEASE AND DETENTION.

A. BAIL.

B. BAIL BOND.

C. PERSONAL BOND.

D. RELEASE WITHOUT BOND.

E. CHALLENGE TO BAIL.

F. BAIL BONDSMAN AND DETENTION OF DEFENDANTS.

G. DENIAL OF BAIL.

H. PEACE OFFICER MAY SET BAIL.

I. CONDITIONS OF RELEASE.

J. DELAYED RELEASE IN FAMILY VIOLENCE SITUATIONS.

K. RIGHT TO RELEASE IF PROMPT PROBABLE CAUSE DETERMINATION NOT PROVIDED.

L. RIGHT TO REDUCTION OF BAIL IF STATE IS NOT “READY.”

VIII. EXAMINING TRIAL.

A. FUNCTION AND PROCEDURE OF EXAMINING TRIAL.

B. RESULT OF EXAMINING TRIAL.

C. PERPUATION OF TESTIMONY.

IX.PERIOD OF LIMITATIONS.

X. VENUE.

A. GENERAL RULE AND PROOF.

B. SPECIFIC RULES FOR WHERE VENUE MAY LIE.

XI.GRAND JURY PROCEEDINGS.

A. SELECTION AND CHALLENGES.

B. PROCEEDINGS.

C. ISSUANCE OF CAPITA.

D. NO CHALLENGE TO SUFFICIENCY.

E. COURTS OF INQUIRY.

XII. FORMAL CHARGE.

A. CHARGING THE DEFENDANT WITH CRIMINAL OFFENSES.

B. SERVICE OF CHARGE.

C. FORMAL REQUIREMENTS.

D. MULTIPLE CHARGES AND DEFNDANTS.

1. Multiple Charges.

2. Multiple Defendants.

E. DEFECTS MUST BE RAISED BY PRETRIAL MOTION.

F. TECHNICAL DEFECTS.

G. AMENDMENT OF INDICTMENTS AND INFORMATIONS.

H. SPECIFIC DEFECTS IN CHARGING INSTRUMENTS.

I. FAILURE TO PROVIDE NOTICE.

J. ALLEGATION THAT DETAILS ARE “UNKNOWN.”

K. INSTRUMENT ALSO CHARGES LESSER INCLUDED OFFENSES.

L. COMPLAINT AND INFORMATION IN MISDEAMEANOR CASES.

M. RAISING CHARGING INSTRUMENT DEFECTS.

1. Motion to Set Aside Indictment or Information.

2. Exception to Substance of Indictment or Information.

3. Exceptions to Form of Indictment or Information.

4. Procedures for Motions to Challenging Indictments.

5. Procedure if Motion Granted.

XIII. ARRAIGNMENT AND PLEA.

A. WAIVER OF ARRAIGNMENT.

B. FUNCTIONS OF ARRAIGNMENT.

C. FIXING IDENTITY AND CORRECTION OF INDICTMENT.

D. PLEAS AVAILABLE.

E. PLEAS, JURY TRIAL, AND ASSESSMENT OF PUNISHMENT.

F. GUILTY PLEA ADMONISHMENT REQURIEMENTS.

G. EVIDENCE TO SUPPORT CONVICTION.

H. WITHDRAWL OF A GUILTY PLEA.

XIV. FORMER JEOPARDY.

A. PROHIBITION AGAINST SUBSEQUENT JEOPARDY.

1. Exceptions.

2. Dismissal of Charges.

B. PROSECUTION FOR “DIFFERENT BUT RELATED” OFFENSE.

C. PRIOR FEDERAL PROSECUTION.

D. RAISING DOUBLE JEOPARDY.

XV. STATUOTORY REQUIREMENT OF SPEEDY TRIAL.

A. SPEEDY TRIAL ACT UNCONSTITUTIONAL.

B. OTHER REQUIREMENTS FOR RAPID PROCESSING.

XVI. CONTINUANCES.

XVII. COMPETENCY TO STAND TRIAL.

A. STANDARD FOR DETERMINING COMPETENCY.

B. BURDEN OF PROOF.

C. PROCEDURE FOR DETERMINING COMPETENCY.

D. CONSEQUENCES OF A DETERMINATION OF INCOMPETENCY.

XVIII. SEVERENCE OF CHARGES AND DEFENDANTS.

A. JOINT TRIAL OF SEVERAL DEFENDANTS.

B. JOINT TRIAL ON SEVERAL CHARGES.

1. General Rule—One Indictment, One Offense, One Conviction.

2. Exceptions for the Same Criminal Episode.

3. Exceptions—Joinder and Consecutive Sentences Permitted.

XIX. PRETRIAL MATTERS.

A. MOTIONS.

B. PRETRIAL DISCOVERY.

1. Rights of Defendant.

2. Depositions.

C. DISMISSAL OF STATE’S MOTION.

D. CHANGE OF VENUE.

E. DISQUALIFICATION OF JUDGE.

F. MOTIONS “IN LIMINE.”

G. SPECIAL REQUIREMENTS IN INSANITY CASES.

H. PRETRIAL HEARINGS AND CONFERENCES.

I. DEFENDANT’S PLEADINGS.

1. Pleading to be Signed.

2. Certification by Pleading.

XX. MOTIONS TO SUPPRESS EVIDENCE AND RELATED MATTERS.

A. PRETRIAL MOTIONS TO SUPRESS.

B. RIGHT TO JURY ON SUPPRESSION ISSUE.

XXI. TRIALS.

A. BIFICURATION.

B. JURY TRIAL.

1. Availability.

2. Vote Required.

3. Return of Verdict by Fewer than all Jurors.

4. Selection of Jury.

5. Alternate Jurors.

6. Special Procedures in Capital Cases.

7. Confidentiality of Personal Juror Information.

C. DEFENDANTS PRESENCE.

1. Finable Misdeamenors.

2. Defendant’s Voluntary Absent.

D. JUDGE MUST NOT EXPRESS VIEWS ON CASE.

E. MOTIONS FOR MISTRIAL AND DIRECTED VERDICT.

F. ARGUMENTS OF COUSEL.

1. Order and Number of Arguments.

G. REOPENING OF CASES.

H. JURY CHARGE OR INSTRUCTIONS.

1. Development of Charge.

2. Instructions on Lesser Offenses.

3. Procedure in Insanity Cases.

I. JURY DELIBERATIONS.

1. Jury Seclusion, Communication, and Verdict.

2. Special Procedures in Insanity Cases.

J. COMPELLING APPEARANCE OF WITNESSES.

1. Special Supoena Situations.

K. SELF INCRIMINATION AND IMMUNITY.

XXII. EVIDENCE IN CRIMINAL CASES.

A. TEXAS RULES OF CRIMINAL EVIDENCE.

B. DETERMNING EVIDENCE ADMISSABILITY.

C. RELEVANCE.

1. Character Evidence to Prove Conduct.

2. Proof of Defendant’s Bad Character to Prove Guilt.

3. Proof of Character—Reputation, Opinion, Specific Conduct.

4. Extraneous Offenses or Bad Acts of Defendant to Prove Guilt.

5. Habit and Routine Practice.

6. Special Situation—Homicide Cases.

7. Evidence of Previous Sexual Conduct of Victim.

8. Withdrawn Pleas.

9. Statements Made in the Course of Plea Negoiations.

D. JUDICIAL NOTICE.

E. REMAINDER OF WRITING OR RELATED WRITINGS.

F. RULE OF “OPTIONAL COMPLETENESS.”

G. PRIVILEGES.

1. In General.

2. Communications Made to Lawyer.

3. Evidence that Defendant Contacted Attorney.

4. Husband-wife Relationship.

5. Communications Made in the Course of Plea Negoiations.

6. Privileges for the Identity of Informer.

H. COMPETENCY OF WITNESSES.

1. General Requirement of “Firsthand Knowledge.”

2. Persons Incompetent as Witnesses.

I. EXPERT OPINION TESTIMONY.

J. CROSS-EXAMINATION AND IMPEACHMENT OF WITNESSES.

1. Party Can Impeach Own Witness

2. Scope of Cross-Examination.

3. Use of Leading Questions.

4. Evidence of Character of Witness.

5. Impeachment by Showing of Conviction of Crime.

6. Prior Inconsistent Stamtments.

7. Bias or Interest.

8. No Inquiry into Religious Beliefs.

K. PRIOR CONSISTENT STATEMENTS.

L. RULE OF EXCLUSION OF WITNESSES.

M. TRIAL DISCLOSURE OF DOCUMENTS AND RELATED MATTERS.

1. Writing Used by Witness to Refresh Memory.

2. Prodcution of Witnesses Prior Statement.

3. “Use Before the Jury Rule.”

N. HEARSAY RULE AND EXCEPTIONS.

1. Unobjected to Hearsay has Probative Value.

2. Public Records and Reports—Observations of Police Officers.

3. Dying Declarations.

4. Statements Against Interest.

5. Prior Statements of Identification by Witness.

6. Prior Inconsistent Statements.

XXIII. EVIDENCE—OTHER MATTERS.

A. INTRODUCTION.

B. IMPROPERLY OBTAINED EVIDENCE.

C. TESTIMONY OF CHILD VICTIMS OF SEXUAL OFFENSES.

1. General Requirements.

2. Use of Statements Recorded Before Charges Brought.

3. Use of Recorded Testimony Taken After Charges Brought.

4. Taking of Child’s Deposition.

5. Taking of Testimony Out of Courtroom During Trial.

6. Hearsay “First Statement” by Child Victim.

D. EVIDENCE RELATING TO HANDWRITING.

E. DEPOSITIONS AND EXAMINING TRIAL TESTIMONY.

F. TESTIMONY AT PREVIOUS PROCEEDINGS.

G. PHOTOGRAPHS.

H. LIE DETECTOR AND SIMILAR EVIDENCE IS INADMISSBALE.

I. STATEMENTS MADE DURING UNSUCCESSFUL PLEA NEGOTIATIONS.

XXIV. TEXAS CONFESSIONS STATUTE AND RELATED MATTERS.

A. INTRODUCTION.

B. WRITTEN CONFESSIONS.

C. ORAL CONFESSIONS.

D. STATEMENTS OBTAINED OUT OF STATE OR BY FEDERAL OFFICERS.

E. CONFESSIONS OBTAINED DURING DELAY IN PRESENTING DEFENDANT BEFORE A MAGISTRATE.

XXV. EVIDENCE SUFFICIENCY—IN GENERAL.

A. PERJURY –TWO WITNESS RULE.

B. EVIDENCE SUFFICIENCY ANALYSIS—IN GENERAL.

C. ACCOMPLICE TESTIMONY MUST BE CORROBORATED---“ACCOMPLICE WITNESS RULE.”

D. CORROBORATION OF TESTIMONY OF VICTIM OF SEXUAL OFFENSES.

E. CORROBORATION OF CONFESSION—“CORPUS DELICTI RULE.”

F. CORROBORATION OF UNDERCOVER INFORMANT.

G. CORROBORATION OF “JAILHOUSE SNITCH.”

H. DISPROOF OF EXCULPATORY PORTION OF CONFESSION.

XXVI. EVIDENCE SUFFICIENCY—VARIANCE BETWEEN PLEADING AND PROOF.

A. TEST.

B. ALLEGATIONS GIVING RISE TO NONMATERIAL VARIANCES NOT TO BE INCLUDED IN HYPOTHETICALLY CORRECT JURY CHARNGE.

XXVII. SENTENCING AND POST-TRIAL MATTERS.

A. FORMAL POST TRIAL STAGES.

B. DEFENDANT MUST INVOKE JURY SENTENCING.

C. PROBATING SENTENCE (COMMUNITY SUPERVISION).

1. Eligibility for Community Supervision.

2. Jury Reccomendation for Community Supervision.

3. Condition of Community Supervision.

4. Revocation of Community Supervision.

5. Effect of Successful Completion of Commuity Supervision.

6. “Shock” Community Supervision.

7. Deferred Adjucication.

8. Defendant’s Ineligibe for Judge-Ordered Community Supervision.

9. Defendants Inelegible for Jury Reccomended Community Supervision.

10. Length of Community Supervision.

D. PRESENTENCE REPORT AND DISCLOSURE.

E. PROCEDURE FPR JURY SENTENCING.

1. All Relevant Matters May Be Proved.

2. Notice by Statute.

3. Proving Extraneous Crimes and Bad Acts.

4. Rules of Evidence Apply.

5. Instruction on Parole and “Good Time.”

6. Unanimous Verdict Required.

7. Mistrial Declared on Punishment Only.

8. Instructions on Life Imprisionment and Parole Ineligibility.

F. SPECIAL PROCEDURE FOR CAPITAL SENTENCING.

1. Evidence and Arguments.

2. Issues Submitted to the Jury.

3. Sentence.

G. FORMAL PRONOUNCEMENT OR IMPOSITION OF SENTENCE.

H. ENHANCEMENT OF PUNISHMENT.

I. DUTY TO PERSERVE EVIDENCE FOR POSSIBLE DNA TESTING.

XXVIII. POST-TRIAL MOTIONS.

A. GOVERENED BY RULES OF APPELLATE PROCEDURE.

B. MOTION FOR NEW TRIAL .

1. Procedure for Obtaining a New Trial.

2. Newly Discovered Evidence.

3. Sufficiency of Evidence.

C. MOTION IN ARREST OF JUDGMENT.

XXIX. APPEAL.

A. GOVERNING LAW.

B. APPELLATE STRUCTURE.

C. APPEAL FOLLOWING PLEA OF GUILT.

D. GENERAL PROCEDURES.

1. “Perfecting an Appeal”—Notice of Appeal.

2. The Record and Its Preparation.

3. Briefs Before Court of Appeals.

4. Motion for Rehearing.

E. DISCRETIONARY REVIEW BY COURT OF CRIMINAL APPEALS.

1. Petition for Discretionary Review.

2. Brief on Merits.

F. BAIL PENDING APPEAL (AND DETERMINATION OF NEW TRIAL).

G. INVOLUNTARY DISMISSAL—ESCAPE PENDING APPEAL.

H. PERSERVING ERROR FOR CONSIDRETAION ON APPEAL.

1. Perserving Error in Admitting State’s Evidence.

2. Perserving Error in Excluding Defense Evidence.

3. Preserving Error Where Argument or Comment Made by Prosecutor.

4. Exception Not Necessary.

5. Showing of Prejudice ---Use of Motions for New Trials.

6. “Bills of Exception.”

7. Charging Instrument Defects Must be Raised Before Trial.

I. REVIEW OF EVIDENCE SUFFICINECY ON APPEAL.

J. REVIEW FOR TRIAL ERROR—HARMLESS ERROR.

K. REVERSAL ON APPEAL FOR ERRORS IN JURY INSTRUCITION.

L. REMEDY FOR ERROR IN SENTENCING.

1. General Rule: New Trial on Punishment Only.

2. Capital Cases.

M. STATES’S RIGHT TO APPEAL.

1. Twenty Days to Appeal.

2. Bail Status Pending States Appeal.

XXX. COLLATERAL ATTACK—HABEAS CORPUS.

A. PROCEDURE.

B. DEATH PENALTY CASES.

XXXI. OTHER POST CONVICTION MATTERS.

A. MOTION FOR POSTCONVICTION DNA TESTING.

B. MENTAL ILLNESS AFTER CONVICTION.

C. PAROLE AND MANDANTORY RELEASE.

D. COMPETENCY TO BE EXECUTED.

E. PARDON.

XXXII. DEFENDANT’S RIGHT TO COUNSEL.

A. RIGHT TO REPRESENTATION BY COUNSEL.

B. NO RIGHT TO “HYBRID” REPRESENTATION.

C. RIGHT TO EFFECTIVE REPRESENTATION.

	Created by Sahar Athari almost 10 years ago

Note on TX. CRIM PRO AND EVIDENCE. DAY 1. , created by Sahar Athari on 02/05/2014.

TX. CRIM PRO AND EVIDENCE. DAY 1.