Witnesses
Main concern of all rules limiting hearsay
What is reliability?
Non-hearsay purpose
What is a statement that is admissible because it is not coming in to prove the truth of the matter
(Example prior inconsistent statement--offered to prove the witness says different things on different occasions and should not be believed)
Writes a Presentence Report
Who is a probation officer?
Number of appeals for which a criminal defendant has a right to counsel.
What is one?
Court where a habeas corpus petition should be filed.
What is the court of conviction/trial court?
Hearsay definition
Either can be a "statement"
What is a written or oral assertion?
Death penalty trial two phases
What are guilt and penalty?
Number of judges who sit on an appellate panel in a direct appeal.
What is three?
Must be alleged for any valid habeas corpus claim.
What is a constitutional violation?
Impeachment
What is questioning designed to show the witness is not credible?
Common exception to the hearsay rule
What are business records or present sense impression or existing physical condition?
Murder in the course of rape or robbery, murder of a child, murder of a peace officer, murder by torture, lying in wait, multiple murder
What are special circumstances?
Document consisting of transcripts of everything said "on the record" in a particular case.
What is the Reporter's Transcript
Big difference between an appeal and a habeas corpus proceeding.
What is the ability to introduce new evidence?
Hostile witness
What is a person who can be led on direct examination because they are uncooperative to the party who called them?
Reason a defendant's statements to her roommate are admissible
What is admissible as Party opponent? (Also because RELIABLE)
25 to life
What is an indeterminate sentence?
Document consisting of everything filed with the court in a particular case.
What is the clerk's transcript?
Common habeas corpus claims
What are ineffective assistance of counsel, prosecutorial misconduct, juror misconduct...?
Leading question
What is a question that contains the answer and asks only for a yes or no?
I accuse you of a crime; you shrug
What is an adoptive admission?
One of the two civil commitments that can be imposed after a criminal defendant has served their time in California.
What are Sexually Violent Predator (SVP) and Mentally Disordered Offender (MDO)
Number of witnesses permitted to testify in a criminal appeal.
What is zero?
True of false: the government must answer every single habeas corpus petition
What is false? The court can (and frequently does) dismiss the petitions without ordering the government to respond.