1
Q
District Court Description
A
- district court
- no juries
- no record
- original jurisdiction over misdemeanors, prelim. hearings for felonies
2
Q
Circuit Court Description
A
- circuit court
- trials (jury or bench)
- original jurisdiction over felonies
- appeals from district court (de novo only)
3
Q
Virginia Court of Appeals Description
A
- Virginia Court of Appeals
- No mandatory right to appeal (only state in the nation for this)
- final appeal for misdemeanor convictions if no jail.
4
Q
Supreme Court of Virginia Description
A
- Supreme Court of Virginia
- review if substantial constitutional question or issue of significant precedential value.
- Death penalty cases are automatically appealed to this court.
5
Q
SoLs
A
- felony- generally no limitation
- misdemeanor-1 year
- continuing offenses (e.g. desertion/nonsupport)- generally no limitations
- few limited exceptions (e.g. petit larceny: 5 years)
6
Q
Preliminary Hearings
A
- held in district court
- an accused charged with a felony has a right to preliminary hearing unless an indictment is returned prior to the preliminary hearing.
- right to a preliminary hearing is waived if not raised before trial
7
Q
Forms of Indictment Definitions
A
- indictment- written accusation of a crime prepared by the attorney for the commonwealth and returned a “true bill” upon oath or affirmation of a legally impaneled grand jury (jury foreman signs indictment)
- presentment- a written accusation of a crime or a complaint for forfeiture by property/money, prepared and presented by a competent public official upon his oath of office.
- information- a written accusation of a crime or a complaint for forfeiture of property/money, prepared and presented by a competent public official upon his oath of office.
8
Q
Indictment Irregularities
A
- generally, irregularities in time or manner do not vitiate the indictment because they are considered harmless errors
- exceptions
- failure to state an offense
- systematic exclusion from grand jury on basis of race
9
Q
Necessity for Indictment
A
- defendant may not be tried for a felony unless an indictment or presentment has been found or made by the proper grand jury, unless the defendant waives this right.
10
Q
Arraignment Necessity
A
- Felony- not necessary if waived by accused.
- Misdemeanor- arraignment is not necessary if:
- waived by accused or his counsel, or
- the defendant fails to appear.
11
Q
Discovery of Defendant Statements
A
- A trial court can order discovery of statements or confessions of the defendant, which includes:
- written and recorded statements of the accused in connection with a particular case, or
- oral statements only if made to a law enforcement officer.
12
Q
Discovery Requirements
A
- discoverable items must be relevant to the case, and
- items must be known to be within the possession, custody, or control of the Commonwealth
13
Q
Reciprocal Discovery
A
- if discovery is granted to the defense, the prosecution may motion the grand court for reciprocal discovery
- right to reciprocal discovery attached only after the defense has been permitted some discovery of the state’s case
14
Q
Habeas Corpus Description
A
- civil trial, defendant is plaintiff, suing the government because:
- basis of holding the defendant is unconstitutional (conviction unconstitutional), or
- manner of holding the defendant is improper or unconstitutional (hazardous to the defendant’s health
15
Q
Where Habeas Corpus Petition is Filed
A
- Case filed in court where defendant was originally sentenced, except in death penalty cases which go straight to the supreme court
16
Q
Non-Waivable Rights
A
- appearance
- failure to state an offense
17
Q
Three Waivable Rights by Affirmative Action
A
- Counsel
- Miranda
- Jury Trial
18
Q
Waivability of all other rights
A
- All other rights waived by failure to assert.
Criminal Procedure
flashcards
Decks in class (9)
# Cards
