Maintained by the Office of the Appellate Defender
Please be aware that the briefs posted here may not represent the current state of the law applicable to a specific set of facts. While helpful as a starting point for research on a pending legal issue, briefs posted here are statements of the law as perceived by particular appellate counsel in the context of a particular case at some point in the past. They are not a substitute for thorough and independent research in the context of the facts of a pending case.
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Index
97.00
ABUSE, NEGLECT, AND DEPENDENCY
1.00
ALTERNATE
SUSPECT EVIDENCE
1.01 Relevancy
1.02 Adequacy of showing
2.00 APPEALS
2.01 Anders brief
2.02 Appeal bond
2.04 Appealable judgments and orders
2.06 Defendant’s escape during pendency of appeal
2.08 Existence of other remedy
2.10 Notice of appeal
2.11 Preservation of issues for appeal
2.12 Continuing or line objection
2.13 Insufficiency of the evidence
2.14 Instructional error
2.15 Motions in limine
2.17 Offer of proof
2.18 Otherwise preserved by rule or law without necessity of objection
2.19 Standards of review
2.20 Plain error
2.21 Structural error
2.22 Constitutional error
2.23 Reversible error per se
2.24 Chapman prejudicial error
2.25 Abuse of discretion
2.26 Remand
2.27 Rehearing
2.28 Successive appeals
2.29 Appeal by prosecutor
2.30 Transcript
2.32 Indigent entitlement to transcript
2.33 Failure to request recordation
2.34 Petition for writ of certiorari
2.35 Right to appeal
2.36 Record settlement
3.00 ARRAIGNMENT
4.00 ARREST
4.01 Probable cause
4.02 Adequacy of warrant
4.03 Warrantless arrest
4.04 Police authority
4.05 Hot pursuit
5.00 ARSON
5.01 First-degree arson
5.02 Instruction on
5.04 Indictment for
5.06 Second-degree arson
5.07 Instruction on
5.09 Indictment for
5.10 Lesser included offense
5.11 Burning public building, schoolhouse, bridge, fire station, factory, church, boat, etc.
5.12 Instruction on
5.14 Indictment for
5.15 Lesser included offense
5.16 Fraudulently burning a dwelling house
5.17 Instruction on
5.19 Indictment for
5.20 Lesser included offense
6.01 Deadly weapon
6.02 Assault inflicting serious injury
6.03 Instruction on
6.05 Indictment for
6.06 Lesser included offense
6.07 Assault inflicting serious bodily injury
6.08 Instruction on
6.10 Indictment for
6.11 Lesser included offense
6.12 Assault with a deadly weapon
6.13 Instruction on
6.15 Indictment for
6.17 Assault with a deadly weapon with intent to kill
6.18 Instruction on
6.20 Indictment for
6.21 Lesser included offense
6.22 Assault with a deadly weapon inflicting serious injury
6.23 Instruction on
6.25 Indictment for
6.27 Assault with a deadly weapon with intent to kill inflicting serious injury
6.28 Instruction on
6.30 Indictment for
6.32 Assault on a female
6.33 Instruction on
6.35 Indictment for
6.36 Lesser included offense
6.37 Maiming
6.38 Instruction on
6.40 Indictment for
6.41 Lesser included offense
6.42 Habitual misdemeanor assault
6.43 Instruction on
6.45 Indictment for
6.46 Lesser included offense
6.47 Not habitual felony enhanceable
6.48 Double jeopardy
6.50 Instruction on
6.52 Indictment for
105.00 BAIL
105.01 Denial of
105.02 Conditions of Pretrial Release
105.03 Excessive
7.00 BAILIFF
8.00 BATSON
8.01 Prima facie showing
8.03 Burden of proving purposeful discrimination
9.00 BILL OF PARTICULARS
9.01 Abuse of discretion in failing to allow
9.02 Sufficiency of
10.00 BREAKING
OR ENTERING
10.01 Breaking or entering of building – felonious
10.02 Instruction on
10.03 Insufficient evidence
10.04 Indictment for
10.05 Lesser included offense
10.06 Breaking or entering of building – misdemeanor
10.07 Instruction on
10.08 Insufficient evidence
10.09 Indictment for
10.10 Lesser included offense
10.11 Breaking or entering vehicle
10.12 Instruction on
10.13 Insufficient evidence
10.14 Indictment for
10.15 Lesser included offense
10.16 Breaking out of a dwelling
10.17 Instruction on
10.18 Insufficient evidence
10.19 Indictment for
10.20 Lesser included offense
10.21 Breaking into coin-operated machine - felonious
10.22 Instruction on
10.23 Insufficient evidence
10.24 Indictment for
10.25 Lesser included offense
10.26 Safecracking
10.27 Instruction on
10.28 Insufficient evidence
10.29 Indictment for
10.30 Lesser included offense
11.00 BURGLARY
11.01 First-degree burglary
11.02 Instruction on
11.03 Insufficient evidence
11.04 Indictment for
11.05 Lesser included offense
11.06 Second-degree burglary
11.07 Instruction on
11.08 Insufficient evidence
11.09 Indictment for
11.10 Lesser included offense
11.11 Possession of burglar tools
11.12 Instruction on
11.13 Insufficient evidence
11.14 Indictment for
11.15 Lesser included offense
94.00 CHAIN OF CUSTODY
12.00 CHILD ABUSE
12.01 Child abuse inflicting serious injury
12.02 Instruction on
12.03 Insufficient evidence
12.04 Indictment for
12.05 Lesser included offense
12.06 Child abuse inflicting serious bodily injury or mental or emotional injury
12.07 Instruction on
12.08 Insufficient evidence
12.09 Indictment for
12.10 Lesser included offense
12.11 Child abuse – prostitution
12.12 Instruction on
12.13 Insufficient evidence
12.14 Indictment for
12.15 Lesser included offense
12.16 Child abuse – sex act
12.17 Instruction on
12.18 Insufficient evidence
12.19 Indictment for
12.20 Lesser included offense
13.00 CLOSING ARGUMENT
13.01 Limitation on
13.02 Sequence of arguments given
13.03 Conscience of the community
13.04 Deterrence
13.05 Expression of personal belief
13.06 Evidence outside the record
13.07 Unreasonable inference from the evidence
13.08 Biblical references
13.09 Comment upon defendant’s failure to testify
13.10 Comment upon failure to produce witnesses or evidence
13.11 Comment on defendant’s demeanor or character
13.12 Comment demeaning defense counsel
13.13 Comment demeaning expert witness
13.14 Appeal to sympathy or prejudice
13.15 Incorrect statement of law
13.16 Victim impact
13.17 Placing in the shoes of the victim
13.18 Incorrect statement of fact
13.19 Diminishing
juror responsibility
13.20 Comment on not guilty plea
13.21
Reading case law
14.00 COMPETENCY OF DEFENDANT
14.01 Constitutional and statutory provisions
14.02 Appointment of expert
14.03 Necessity of hearing
14.04 Unable to understand proceedings
14.05 Unable to comprehend situation
14.06 Unable to assist defense
88.00 COMPULSORY PROCESS
88.01 Issuance of subpoena for pre se defendant
88.02 Out of state witness
101.00 COMPUTER
CRIME
101.01 Accessing computer
101.02 Instruction on
101.03 Insufficient evidence
101.04 Indictment for
101.05 Lesser included offense
101.06 Accessing government computer
101.07 Instruction on
101.08 Insufficient evidence
101.09 Indictment for
101.10 Lesser included offense
101.11 Damaging computers or computer programs, networks, or systems
101.12 Instruction on
101.13 Insufficient evidence
101.14 Indictment for
101.15 Lesser included offense
101.16 Denial of computer services to authorized user
101.17 Instruction on
101.18 Insufficient evidence
101.19 Indictment for
101.20 Lesser included offense
101.21 Denial of government computer services to authorized user
101.22 Instruction on
101.23 Insufficient evidence
101.24 Indictment for
101.25 Lesser included offense
101.26 Solicitation of child by computer
101.27 Instruction on
101.28 Insufficient evidence
101.29 Indictment for
101.30 Lesser included offense
15.00 CONDUCT OF SPECTATORS IN COURT
15.01 Inadequate remedial measures
16.00 CONFESSIONS
& POLICE INTERROGATION
16.01 Disclosure by prosecution
16.02 Interrogation of juvenile
16.03 Fifth Amendment – Miranda
16.04 Custody
16.05 Interrogation
16.06 Advisement of rights
16.38 Waiver
16.07 Invocation of the right to counsel
16.08 Unequivocal request
16.09 Failure of law enforcement to honor
16.10 Defendant re-initiation
16.11 Invocation of the right to remain silent
16.12 Unequivocal invocation
16.13 Failure of law enforcement to honor
16.14 Defendant re-initiation
16.15 Sixth Amendment – Right to Counsel
16.16 When right to counsel attaches
16.17 Proceedings at which right to counsel attaches
16.18 Fourteenth Amendment – Voluntariness
16.19 Test for determining voluntariness
16.20 Trickery or deceit
16.21 Promises by law enforcement
16.22 Defendant’s age
16.23 Defendant’s experience with law enforcement
16.24 Defendant does not speak English
16.25 Intoxication by alcohol or drugs
16.26 Mental impairment
16.27 Prolonged interrogation
16.28 Deprivation of food or sleep
16.29 Deprived of access to attorney
16.37 Threats and coercion
16.30 Jackson v Denno hearing
16.31 Vienna Convention
16.32 State statutes
16.33 Fourth Amendment
16.34 Searches
16.35 Seizures/Illegal arrest
16.36 Fruit of the poisonous tree
17.00 CONFRONTATION
17.01 Constitutional and statutory provisions
17.02 Child witness
17.03 Failure to produce or disclose informants
17.04 Incompetent witness (other than children)
17.05 Ohio v. Roberts indicia of reliability for admission of hearsay
17.06 Crawford v. Washington
17.07 911 Calls
17.08 Out-of-court statements to police
17.09 Social workers, doctors, therapists, etc.
17.10 Test results
98.00 CONTEMPT OF COURT
98.01 Insufficient evidence
98.02 Inadequate findings
98.03 Summary proceedings
98.04 Statutory and constitutional requirements
98.05 Plenary proceedings
98.06 Statutory and constitutional requirements
98.07 Restraint or arrest
18.00 CONTINUANCE
18.01 Grounds
18.02 Insufficient time to prepare
18.03 Necessity of application
18.04 Abuse of discretion in granting or denying
18.05 First appearance in superior court
19.00 COUNSEL FOR THE ACCUSED
19.01 Constitutional and statutory provisions
19.02 Offenses triggering right to counsel
19.03 Stage of proceeding affecting right
19.04 Consultation between counsel and accused
19.05 Dismissal of counsel
19.06 Deprivation of right to counsel
19.07 Standby counsel
19.08 Ineffective assistance of counsel
19.09 Constitutional and statutory provisions
19.10 Strickland v Washington
19.11 Deficient performance
19.12 Prejudice
19.13 Cronic v US denial of counsel
19.14 Conflict of interest
19.15 Representation of multiple defendants
19.16 Prior representation of prosecution witness
19.17 Prejudice
19.18 Allocation of decision-making (Ali)
20.00 CORPUS DELECTI
21.00 CROSS-EXAMINATION
AND IMPEACHMENT (also see EVIDENCE)
21.01 Badger, insult, attack of witnesses
21.02 Opening the door
21.03 Admission of extrinsic evidence
21.04 Necessity of surprise to introduce prior inconsistent statement
22.00 DEATH PENALTY
22.01 Constitutional and statutory provisions
22.02 Aggravating factors
22.03 Double counting
22.04 (e)(1) Capital felony committed by person lawfully incarcerated
22.05 Instruction on
22.06 Insufficient evidence
22.07 (e)(2) Previously convicted of or adjudicated delinquent for capital felony
22.08 Instruction on
22.09 Insufficient evidence
22.10 (e)(3) Previous violent felony or juvenile adjudication
22.11 Instruction on
22.12 Insufficient evidence
22.13 (e)(4) Committed for purpose of avoiding arrest or escape
22.14 Instruction on
22.15 Insufficient evidence
22.16 (e)(5) While engaged in a felony
22.17 Instruction on
22.18 Insufficient evidence
22.19 (e)(6) Pecuniary gain
22.20 Instruction on
22.21 Insufficient evidence
22.22 (e)(7) To disrupt lawful governmental function
22.23 Instruction on
22.24 Insufficient evidence
22.25 (e)(8) Against law enforcement officer, DOC employee, jailer, fireman, judge, prosecutor, juror, witness
22.26 Instruction on
22.27 Insufficient evidence
22.28 (e)(9) Especially heinous, atrocious, or cruel
22.29 Instruction on
22.30 Insufficient evidence
22.31 (e)(10) Great risk of death
22.32 Instruction on
22.33 Insufficient evidence
22.34 (e)(11) Course of conduct
22.35 Instruction on
22.36 Insufficient evidence
22.95 Weighing of aggravating and mitigating factors
22.37 Apprendi-Ring indictment issues
22.38 Elements of homicide
22.39 Aggravating factors
22.40 Enmund-Tison reckless indifference to human life
22.41 Instruction on
22.42 Insufficient evidence
22.43 Applicability to premeditated murder
22.44 Instructions
22.45 Life without parole
22.46 Peremptory instruction on statutory mitigating factor
22.47 Peremptory instruction on non-statutory mitigating factor
22.48 Presumptions
22.49 Combining mitigating circumstances
22.50 Duty of court to instruct on statutory mitigating factor
22.51 Mental retardation
22.52 Morgan excludable (automatic death penalty juror)
22.53 Mitigating factors
22.54 (f)(1) No significant criminal history
22.55 Sufficient evidence to support instruction
22.56 Instruction over objection of defendant
22.57 (f)(2) Under influence of mental or emotional disturbance
22.58 Sufficient evidence to support instruction
22.59 (f)(3) Victim was a voluntary participant or consented
22.60 Sufficient evidence to support instruction
22.61 (f)(4) Accomplice to capital felony of another and participation minor
22.62 Sufficient evidence to support instruction
22.63 (f)(5) Duress
22.64 Sufficient evidence to support instruction
22.65 (f)(6) Capacity to appreciate or conform conduct was impaired
22.66 Sufficient evidence to support instruction
22.67 (f)(7) Age
22.68 Sufficient evidence to support instruction
22.69 (f)(8) Aided in apprehension of capital felon or testified in another felony case
22.70 Sufficient evidence to support instruction
22.71 (f)(9) Any other circumstance
22.72 Sufficient evidence to support instruction
22.73 Proportionality
22.74 Eighth Amendment right of review
22.75 Statutory review
22.76 Felony murder
22.77 Premeditated murder
22.78 Right to be present
22.79 Witherspoon-Witt
22.80 Erroneously denied challenge for cause
22.81 Erroneously granted challenge for cause
22.82 Restriction on voir dire
22.83 Ford competency to be executed
22.84 International law
22.85 Caldwell diminishing responsibility of jury
22.86 Evidence issues
22.87 Mental retardation
22.88 Constitutional grounds
22.89 Statutory grounds (15A-2005)
22.90 Sufficiency of the evidence
22.91 Pre-trial procedure
22.92 Penalty phase procedure
22.93 Burden of proof
22.94 Right to two attorneys
22.95 Prosecutorial discretion
22.96 Rule 24 Hearing
23.00 DEFENSES
23.01 Right to present evidence
23.02 Necessity of instruction
23.03 Abandonment
23.04 Instruction on
23.05 Sufficiency of evidence to obtain instruction
23.06 Accident
23.07 Instruction on
23.08 Sufficiency of evidence to obtain instruction
23.09 Alibi
23.10 Notice of alibi
23.11 Instruction on
23.12 Sufficiency of evidence to obtain instruction
23.13 Alternate suspect
23.14 Instruction on
23.15 Sufficiency of evidence to obtain instruction
23.16 Consent
23.17 Instruction on
23.18 Sufficiency of evidence to obtain instruction
23.19 Defense of other
23.20 Instruction on
23.21 Sufficiency of evidence to obtain instruction
23.22 Diminished capacity
23.23 Instruction on
23.24 Sufficiency of evidence to obtain instruction
23.25 Duress
23.26 Instruction on
23.27 Sufficiency of evidence to obtain instruction
23.28 Entrapment
23.29 Instruction on
23.30 Sufficiency of evidence to obtain instruction
23.31 Former jeopardy
23.32 Instruction on
23.33 Sufficiency of evidence to obtain instruction
23.34 Habitation
23.35 Instruction on
23.36 Sufficiency of evidence to obtain instruction
23.37 Insanity
23.38 Instruction on
23.39 Sufficiency of evidence to obtain instruction
23.40 Intoxication
23.41 Instruction on
23.42 Sufficiency of evidence to obtain instruction
23.43 Justification
23.44 Instruction on
23.45 Sufficiency of evidence to obtain instruction
23.46 Misidentification
23.47 Instruction on
23.48 Sufficiency of evidence to obtain instruction
23.49 Mistake of fact or law
23.50 Instruction on
23.51 Sufficiency of evidence to obtain instruction
23.52 Necessity
23.53 Instruction on
23.54 Sufficiency of evidence to obtain instruction
23.55 Self-Defense
23.56 Instruction on
23.57 Sufficiency of evidence to obtain instruction
23.58 Imperfect self-defense
23.59 Unconsciousness or Automatism
23.60 Instruction on
23.61 Sufficiency of evidence to obtain instruction
24.00 DEMONSTRATIVE EVIDENCE
24.01 Relevancy
24.02 Instruction on
25.00 DESTRUCTION
OF EVIDENCE
25.01 Bad faith
25.02 Sanctions for
26.00 DISCOVERY
26.01 Constitutional and statutory provisions
26.03 Exculpatory evidence
26.04 Impeachment evidence
26.05 Materiality
26.06 Discovery by the State
26.07 Discovery by the defense
26.08 Duty of prosecution to obtain information
26.09 Loss or destruction of evidence
26.10 Disclosure of witness statements
26.11 Sanctions for noncompliance
26.12 Local rules governing discovery
26.13 Open file
26.14 Exceptional case status
26.15 Sealed records / Pennsylvania v. Ritchie
26.16 Sufficiency of motion
26.17 Adequacy of review
26.18 Unsealing for appellate review
26.19 Nontestimonial identification order
27.00 DOUBLE JEOPARDY
27.01 Civil penalties
27.02 Collateral estoppel
27.03 Appeal or retrial after granting of motion to dismiss
27.04 Appeals by the State
27.05 Successive prosecution
27.06 Mistrials
27.07 Multiple punishment for the same act
27.08 Acquittal by operation of law
28.00 DRIVING OFFENSES
28.01 Death by vehicle – felony
28.02 Instruction on
28.03 Insufficient evidence
28.04 Indictment for
28.05 Lesser included offense
28.06 Habitual impaired driving
28.07 Instruction on
28.08 Insufficient evidence
28.09 Indictment for
28.10 Lesser included offense
28.11 Hit and Run – personal injury or death
28.12 Instruction on
28.13 Insufficient evidence
28.14 Indictment for
28.15 Lesser included offense
28.16 Felony Eluding Arrest
28.17 Instruction on
28.18 Insufficient evidence
28.19 Indictment for
28.20 Lesser included offense
28.21 Impaired Driving
28.22 Instruction on
28.23 Insufficient evidence
28.24 Indictment for
28.25 Lesser included offense
28.26 Sentencing for driving offenses
28.27 Death by vehicle - misdemeanor
28.28 Instruction on
28.29 Insufficient evidence
28.30 Charging document
28.31 Lesser included offense
28.32 Driving while license revoked
28.33 Instruction on
28.34 Insufficient evidence
28.35 Charging document
28.36 Lesser included offense
28.37 Reckless driving
28.38 Instruction on
28.39 Insufficient evidence
28.40 Charging document
28.41 Lesser included offense
28.42 False reporting
28.43 Instruction on
28.44 Insufficient evidence
28.45 Charging document
28.46 Lesser included offense
29.00 DRUG OFFENSES
29.01 Manufacture of controlled substance
29.02 Instruction on
29.03 Insufficient evidence
29.04 Indictment for
29.05 Lesser included offense
29.06 Sale or delivery of controlled substance
29.07 Instruction on
29.08 Insufficient evidence
29.09 Indictment for
29.10 Lesser included offense
29.11 Possession of controlled substance with intent to manufacture, sell, or deliver
29.12 Instruction on
29.13 Insufficient evidence
29.14 Indictment for
29.15 Lesser included offense
29.16 Possession of controlled substance
29.17 Instruction on
29.18 Insufficient evidence
29.19 Indictment for
29.20 Lesser included offense
29.21 Trafficking
29.22 Instruction on
29.23 Insufficient evidence
29.24 Indictment for
29.25 Lesser included offense
29.26 Precursors
29.27 Instruction on
29.28 Insufficient evidence
29.29 Indictment for
29.30 Lesser included offense
29.31 Knowingly maintaining a store, dwelling, vehicle, boat, or other place for use, storage or sale of controlled substances
29.32 Instruction on
29.33 Insufficient evidence
29.34 Indictment for
29.35 Lesser included offense
29.37 Instruction on
29.38 Insufficient evidence
29.39 Indictment for
29.40 Lesser included offense
29.41 Possession of drug paraphernalia
29.42 Instruction on
29.43 Insufficient evidence
29.44 Indictment for
29.45 Lesser included offense
29.46 Sentencing for drug offenses
29.47 Possession with intent to sell and deliver counterfeit controlled substance
29.48 Instruction on
29.49 Insufficient evidence
29.50 Indictment for
29.51 Lesser included offense
103.00 ESCAPE
103.01 Instruction on
103.02 Insufficient evidence
103.03 Indictment for
103.04 Lesser included offense
30.00 EVIDENCE
30.01 102 Purpose and construction
30.02 103 Rulings on evidence
30.03 104 Conditional relevancy
30.04 105 Limited admissibility
30.05 106 Admission of remainder of statement (rule of completeness)
30.06 201 Judicial notice
30.07 401 Relevancy
30.08 403 Exclusion of relevant evidence: prejudice, confusion, waste of time
30.09 Gruesome photographs
30.10 Necessity of balancing
30.11 404 Character evidence
30.12 404(a)(1) Character of accused
30.13 404(a)(2) Character of victim
30.14 404(a)(3) Character of witness
30.15 404(b) Other crimes, wrongs, or acts
30.16 Remoteness
30.17 Dissimilarity
30.18 Purpose of admission
30.19 Limiting instruction
30.20 405 Methods of proving character
30.21 405(a) Reputation or opinion
30.22 405(b) Specific instances of conduct
30.23 406 Habit
30.24 407 Subsequent remedial measures
30.25 410 Inadmissibility of plea and plea discussions
30.26 412 Rape or sex offense victim’s prior behavior
30.27 501 Privileges
30.28 Marital privilege
30.29 Doctor patient privilege
30.30 Priest penitent privilege
30.122 Attorney-client privilege
30.31 601 Competency
30.32 602 Lack of personal knowledge
30.33 603 Oath or affirmation
30.34 604 Interpreters
30.35 605 Competency of judge as witness
30.36 606 Competency of juror as witness
30.37 607 Who may impeach
30.38 608 Impeachment by character and conduct of witness
30.39 608(a) Opinion and reputation evidence
30.40 608(b) Specific instances of conduct
30.41 609 Impeachment by evidence of conviction of crime
30.42 610 Religious beliefs or opinions
30.43 611 Mode and order of interrogation
30.44 Improper restriction on cross-examination
30.45 Cross-examination beyond the scope of direct
30.46 612 Writing or object used to refresh memory
30.47 613 Prior statements of witness
30.48 614 Calling and interrogation of witnesses by court
30.49 615 Exclusion of witnesses (witness sequestration)
30.50 701 Lay opinion testimony
30.51 701(a) Rationally based on perception of witness
30.52 701(b) Helpful to understanding or determination
30.53 702 Expert testimony
30.54 702(a) Qualification of expert
30.55 702(b) Helpful to understanding or determination
30.56 Opinion on truthfulness
30.57 Opinion on mental state
30.58 703 Bases of opinion testimony by experts
30.59 704 Opinion on ultimate issue
30.60 705 Disclosure of fact or data underlying expert opinion
30.61 706 Court appointed experts
30.62 801 Hearsay definitions and exception for admissions of party-opponent
30.63 801(a) Statement
30.64 801(c) Hearsay
30.65 801(d) Exception for admissions by a party-opponent
30.66 801(d)(A) Statement by defendant
30.67 801(d)(B) Adopted admission
30.68 801(d)(C) Authorized statement
30.69 801(d)(D) Agency statement
30.70 801(d)(E) Co-conspirator statement
30.71 Non-hearsay use
30.72 802 Hearsay not admissible except by statute or rule
30.73 803(1) Present sense impression
30.74 803(2) Excited utterance
30.75 803(3) Then existing mental, emotional, or physical condition
30.76 803(4) Statement for purpose of medical diagnosis
30.77 803(5) Recorded recollection
30.78 803(6) Records of regularly conducted activity
30.79 803(7) Absence of entry
30.80 803(8) Public records
30.81 803(9) Records of vital statistics
30.82 803(10) Absence of public record
30.83 803(11) Records of religious organizations
30.84 803(12) Marriage, baptismal, and similar certificates
30.85 803(13) Family records
30.86 803(14) Records of documents affecting property interests
30.87 803(15) Statements in documents affecting property interests
30.88 803(16) Statements in ancient documents
30.89 803(17) Market reports, commercial publications
30.90 803(18) Learned treatises
30.91 803(19) Reputation concerning personal or family history
30.92 803(20) Reputation concerning boundaries or general history
30.93 803(21) Reputation as to character
30.94 803(23) Judgment as to personal, family or general history, or boundaries
30.95 803(24) Other exceptions
30.96 803(24)(A) Materiality
30.97 803(24)(B) More probative than any other evidence
30.98 803(24)(C) Interests of justice
30.99 Lack of sufficient written notice
30.100 804(a) Unavailability
30.101 804(b)(1) Former testimony
30.102 804(b)(2) Statement under belief of impending death (dying declaration)
30.103 804(b)(3) Statement against interest
30.104 804(b)(4) Statement of personal or family history
30.105 804(b)(5) Other exceptions
30.106 804(b)(5)(A) Materiality
30.107 804(b)(5)(B) More probative than any other evidence
30.108 804(b)(5)(C) Interests of justice
30.109 Lack of sufficient written notice
30.110 805 Hearsay within hearsay
30.111 806 Credibility of hearsay declarant
30.112 Authentication
30.113 902 Self-authentication
30.114 1002 Requirement of original (best evidence rule)
30.115 1003 Admissibility of duplicates
30.116 1004 Admissibility of other evidence of contents
30.117 1005 Public Records
30.118 1006 Summaries
30.119 1007 Testimony or written admission of party
30.120 1008 Functions of court and jury
30.121 1101 Applicability of rules
92.00 EX POST FACTO
31.00 EXPERT WITNESS (also see EVIDENCE)
31.01 Daubert/Goode/Howerton
31.02 Sufficient showing to obtain state-funded expert
108.00 FAIR SENTENCING ACT AND INDETERMINATE SENTENCING
32.00 FRAUD, FORGERY, FALSE PRETENSES
32.01 Obtaining property by false pretenses
32.02 Instruction on
32.03 Insufficient evidence
32.04 Indictment for
32.05 Lesser included offense
32.06 Medicaid, Welfare, Food Stamp, or Insurance Fraud
32.07 Instruction on
32.08 Insufficient evidence
32.09 Indictment for
32.10 Lesser included offense
32.11 Worthless check – making or uttering
32.12 Instruction on
32.13 Insufficient evidence
32.14 Indictment for
32.15 Lesser included offense
32.16 Worthless check on nonexistent or closed account
32.17 Instruction on
32.18 Insufficient evidence
32.19 Indictment for
32.20 Lesser included offense
32.21 Financial identity fraud
32.22 Instruction on
32.23 Insufficient evidence
32.24 Indictment for
32.25 Lesser included offense
32.26 Common law forgery or uttering
32.27 Instruction on
32.28 Insufficient evidence
32.29 Indictment for
32.30 Lesser included offense
32.31 Financial transaction card fraud
32.32 Instruction on
32.33 Insufficient evidence
32.34 Indictment for
32.35 Lesser included offense
32.36 Computer fraud
32.37 Instruction on
32.38 Insufficient evidence
32.39 Indictment for
32.40 Lesser included offense
32.41 Financial transaction card theft
32.42 Instruction on
32.43 Insufficient evidence
32.44 Indictment for
32.45 Lesser included offense
32.46 Felony conversion by bailee
32.47 Instruction on
32.48 Insufficient evidence
32.49 Indictment for
32.50 Lesser included offense
32.51 Material alteration of case record
32.52 Instruction on
32.53 Insufficient evidence
32.54 Indictment for
32.55 Lesser included offense
33.00 FULL FAITH AND CREDIT
34.00 GRAND JURY
34.01 Disclosure or inspection
34.02 Challenge to sufficiency of evidence
34.03 Conduct of proceedings
34.04 Racial discrimination
34.05 Composition of
35.00 GUILTY PLEA or NOLO CONTENDERE PLEA
35.01 Adequacy of record
35.02 Advisement
35.03 Voluntary, knowing, and intelligent waiver
35.04 Factual basis
35.05 Motion to withdraw prior to sentencing
35.06 Motion to withdraw subsequent to sentencing
35.07 Prosecution failure to comply with plea bargain
35.09 Conditional plea
35.10 Judicial rejection of plea
36.00 HABITUAL FELON
36.01 Burden of proof
36.02 Dual use of convictions for enhancement and prior record level calculation
36.03 Judgment and Commitment errors and requirements
36.04 Indictment
36.05 Method of proof
36.06 Notice
36.07 Offenses which can be used for enhancement
36.08 Offenses from other jurisdictions
36.09 Peremptory instruction
36.10 Sentence
36.11 Constitutional issues
36.12 Double jeopardy
36.13 Disproportionate sentence
37.00 HARBISON
37.01 Failure to place waiver on record
37.02 Admissions of guilt
38.00 HOMICIDE
38.01 First-degree murder
38.02 Premeditated and deliberate (P&D)
38.03 Instruction on
38.04 Insufficient evidence
38.05 Indictment for (other than short-form issue)
38.06 Lesser included offense
38.07 Felony murder
38.08 Instruction on
38.09 Insufficient evidence
38.10 Indictment for (other than short-form issue)
38.11 Lesser included offense
38.12 Merger rule
38.13 Lying in wait
38.14 Instruction on
38.15 Insufficient evidence
38.16 Indictment for (other than short-form issue)
38.17 Lesser included offense
38.18 Poison, torture, starvation
38.19 Instruction on
38.20 Insufficient evidence
38.21 Indictment for (other than short-form issue)
38.22 Lesser included offense
38.23 Second-degree murder
38.24 Instruction on
38.25 Insufficient evidence
38.26 Indictment for
38.27 Lesser included offense
38.28 Voluntary manslaughter
38.29 Instruction on
38.30 Insufficient evidence
38.31 Indictment for
38.32 Lesser included offense
38.33 Involuntary manslaughter
38.34 Instruction on
38.35 Insufficient evidence
38.36 Indictment for
38.37 Lesser included offense
39.00 IDENTIFICATION
OF ACCUSED
39.01 Lineup
39.02 Showup
39.03 Photo array
39.04 Independent basis for in-court identification
39.05 Expert witness on identification
39.06 Jury instruction on identification
40.00 IMPOSITION
OF MONETARY ASSESSMENTS
40.01 Fine
40.02 Fee
40.03 Court cost
40.04 Restitution
90.00 INCHOATE OFFENSES
90.01 Conspiracy
90.02 Instruction on
90.03 Insufficient evidence
90.04 Indictment for
90.05 Solicitation
90.06 Instruction on
90.07 Insufficient evidence
90.08 Indictment for
90.09 Attempt
90.10 Instruction on
90.11 Insufficient evidence
90.12 Indictment for
100.00 INCONSISTENT THEORIES
100.01 Theory of Crime
100.02 Theory of Appeal
41.01 Short-form indictment (other than homicide)
41.02 Sexual offense
41.03 Rape
41.04 Apprendi-Ring (non-capital)
41.05 Sufficiency of indictment
41.06 Amendment of indictment
41.07 Variance in proof
41.08 Successive indictment
41.09 Motion to quash indictment
42.00 INFORMANTS
42.01 Disclosure of identity
42.02 Disclosure of prosecution deals with informants or snitches
43.00
INTERSTATE AGREEMENT ON DETAINERS
43.01 Request by prosecutor for temporary custody
43.02 Request by inmate for disposition of detainer
43.03 Speedy trial
106.00 INVOLUNTARY COMMITMENTS
106.01 Petition
106.02 Notice
106.03 Adequacy of Findings/Conclusions
44.00 JOINT TRIAL OF CO-DEFENDANTS / BRUTON
44.01 Constitutional and statutory provisions
44.02 Antagonistic defenses
44.03 Evidence admissible against only one defendant
44.04 Confessions
44.05 Motion for severance
45.00 JOINT TRIAL OF SEPARATE CHARGES
45.01 Constitutional and statutory provisions
45.02 Adequacy of showing
45.03 Relief from joinder
46.00 JUDGES
46.01 Comment on defendant’s guilt
46.02 Comment on the evidence
46.03 Recusal
46.04 Presence during trial
46.05 Demeaning participants
46.06 Questioning witness
46.07 Questioning juror
46.08 Ex parte communications
46.09 Judicial vindictiveness
46.10 Modifying prior orders
47.00 JUDGMENT
AND COMMITMENT
47.01 Amendment of judgment and commitment
47.02 Form
47.03 Motion to arrest
47.04 Prayer for judgment continued
47.05 Reinstatement of arrested judgment
89.00 JURISDICTION
48.00 JURY
COERCION
48.02 Time fuse charge
48.03 Coercion by third-party
48.04 Inquiry into numerical split
49.00 JURY
DELIBERATIONS
49.01 Question during jury deliberations
49.02 Request for testimony
49.03 Request for exhibit
49.04 Supplemental jury instructions
49.05 Length of deliberations
50.00
JURY INSTRUCTIONS
50.01 Variance between indictment and instruction
50.02 Circumstantial evidence
50.03 Confession and/or admission
50.04 Credibility of witness
50.05 Excluding evidence from consideration
50.06 Failure of defendant to testify
50.07 Failure to give instruction requested by defense
50.08 Flight
50.09 Inferences
50.10 Lesser included offense
50.11 Manner of arriving at verdict
50.12 Pattern instruction
50.13 Non-pattern instruction
50.14 Opinion testimony
50.15 Personal knowledge of jurors
50.16 Presumption
50.17 Principals, accessories, accomplices
50.18 Proof to satisfaction of jury
50.19 Reasonable doubt
50.20 Acting in concert
50.21 Informants or snitches
50.22 Doctrine of recent possession
50.23 Grant of immunity or agreement for reduction in charges
50.24 Admonitions
50.25 Disjunctive instruction
50.26 False statements by defendant
51.00 JURY
MISCELLANEOUS
51.01 Jury list
51.02 Substitution of alternate
51.03 Note taking
51.04 Jury view
51.05 Questioning witnesses
52.00 JURY
MISCONDUCT
52.01 Failure to disclose information during jury selection or voir dire
52.02 Communication with third parties
52.03 Use of drugs or alcohol during trial
52.04 Consulting outside source or conducting experiment
52.05 Presence of unauthorized persons during deliberations
52.06 Sleeping during trial
52.07 Unauthorized view
52.08 Use of dictionaries, Bibles, and other materials during deliberations
52.09 Failure to follow the law
52.10 Exposure to extrinsic evidence
52.11 Deliberating outside jury room
53.00 JURY SELECTION (VOIR DIRE)
53.01 Method of selection
53.02 Underrepresentation of racial group in jury pool
53.03 Dismissal in unrecorded bench conference
53.04 Use of hypothetical
53.05 Challenge for cause
53.06 Peremptory challenge
53.07 Questioning by judge
53.08 Jury questionnaire
53.09 Rehabilitation
53.10 Stake-out question
53.11 Empanelment
53.12 Reopening questioning
54.00 JUVENILES
54.08 Petition
54.09 Adjudication
54.01 Dispositions
54.02 Transfer to superior court
54.03 Eligibility for transfer
54.04 Adequacy of showing
54.05 Adequacy of findings
54.06 Waiver
54.07 Use of prior juvenile adjudication
55.00 KIDNAPPING
55.01 First degree kidnapping
55.02 Instruction on
55.03 Insufficient evidence
55.04 Indictment for
55.05 Lesser included offense
55.06 Second degree kidnapping
55.07 Instruction on
55.08 Insufficient evidence
55.09 Indictment for
55.10 Lesser included offense
55.11 Felonious Restraint
55.12 Instruction on
55.13 Insufficient evidence
55.14 Indictment for
55.15 Lesser included offense
55.16 False imprisonment
55.17 Instruction on
55.18 Insufficient evidence
55.19 Indictment for
55.20 Lesser included offense
55.21 Abduction of children
55.22 Instruction on
55.23 Insufficient evidence
55.24 Indictment for
55.25 Lesser included offense
93.00 KNOWING USE OF PERJURED TESTIMONY (NAPUE, AGURS, GIGLIO)
93.01 Materiality
56.00 LARCENY
56.01 Larceny – felonious
56.02 Instruction on
56.03 Insufficient evidence
56.04 Indictment for
56.05 Lesser included offense
56.06 Possession of stolen goods – felonious
56.07 Instruction on
56.08 Insufficient evidence
56.09 Indictment for
56.10 Lesser included offense
56.11 Receiving stolen goods – felonious
56.12 Instruction on
56.13 Insufficient evidence
56.14 Indictment for
56.15 Lesser included offense
56.16 Possession of, receiving, transfer of a stolen vehicle
56.17 Instruction on
56.18 Insufficient evidence
56.19 Indictment for
56.20 Lesser included offense
56.21 Embezzlement
56.22 Instruction on
56.23 Insufficient evidence
56.24 Indictment for
56.25 Lesser included offense
56.26 Larceny - misdemeanor
56.27 Instruction on
56.28 Insufficient evidence
56.29 Charging document
56.30 Lesser included offense
56.31 Possession of stolen goods - misdemeanor
56.32 Instruction on
56.33 Insufficient evidence
56.34 Charging document
56.35 Lesser included offense
56.36 Receiving stolen goods - misdemeanor
56.37 Instruction on
56.38 Insufficient evidence
56.39 Charging document
56.40 Lesser included offense
56.41 Felonious conversion by bailee
56.42 Instruction on
56.43 Insufficient evidence
56.44 Charging document
56.45 Lesser included offense
57.00 MISTRIAL
57.01 Reference to inadmissible evidence
99.00 MOTION
FOR APPROPRIATE RELIEF
99.01 Grounds for
99.02 Evidentiary hearing
99.03 Adequacy
of findings
58.00 MOTION
FOR NONSUIT OR DISMISSAL
58.01 Standard governing
59.00 NEWLY
DISCOVERED EVIDENCE
59.01 Exercise of due diligence
59.02 Materiality of evidence
59.03 Probable effect on verdict
60.00 OPENING STATEMENT
60.01 Failure to present evidence on matter included in opening statement
61.00 PARTIES TO OFFENSES
61.01 Acting in concert
61.02 Insufficient evidence
61.03 Instruction on
61.04 Aiding and abetting
61.05 Insufficient evidence
61.06 Instruction on
61.07 Accessory before the fact
61.08 Insufficient evidence
61.09 Instruction on
61.10 Indictment for
61.11 Accessory after the fact
61.12 Insufficient evidence
61.13 Instruction on
61.14 Indictment for
62.00 PERJURY, BRIBERY, CRIMES AGAINST ADMINISTRATION OF JUSTICE
62.01 Perjury
62.02 Instruction on
62.03 Insufficient evidence
62.04 Indictment for
62.05 Lesser included offense
62.06 Intimidating witnesses
62.07 Instruction on
62.08 Insufficient evidence
62.09 Indictment for
62.10 Lesser included offense
62.11 Bribery
62.12 Instruction on
62.13 Insufficient evidence
62.14 Indictment for
62.15 Lesser included offense
62.16 False statement on indigency
62.17 Instruction on
62.18 Insufficient evidence
62.19 Indictment for
62.20 Lesser included offense
63.00 PRESENCE OF DEFENDANT
63.01 Constitutional and statutory provisions
63.02 Proceedings at which presence is required
109.00 PRIOR INCONSISTENT/CONSISTENT STATEMENTS
109.01 Corroborative
109.02 Substantive use
91.00 PROBATION
91.01 Commencement of term
91.02 Conditions of
91.03 Revocation of
64.00 PROCEEDING
PRO SE
64.01 Constitutional and statutory provisions
64.02 Unequivocal request
64.03 Adequacy of advisement
64.04 Sufficiency of waiver
64.05 Capacity (Indiana v. Edwards)
65.00 PROPORTIONALITY (non-capital)
65.01 Constitutional or statutory provisions
66.00 PROSECUTOR
66.01 Recusal
66.02 Ex parte communication
66.03 Misconduct
66.04 Discovery
66.05 Jury selection
66.06 Opening statement
66.07 Direct examination
66.08 Cross-examination
66.09 Closing argument
66.10 Prosecutorial vindictiveness
66.11 Calendaring authority
102.04 Indictment for
102.13 Fornication and adultery
102.14 Instruction on
102.15 Insufficient evidence
102.16 Charging document
102.17 Obscene literature and exhibitions
102.18 Instruction on
102.19 Insufficient evidence
102.20 Indictment for
102.21 Employing or permitting minor to assist in offense under Article
102.22 Instruction on
102.23 Insufficient evidence
102.24 Indictment for
102.25 Dissemination to minors
102.26 Instruction on
102.27 Insufficient evidence
102.28 Indictment for
102.29 Indecent exposure
102.30 Instruction on
102.31 Insufficient evidence
102.33 Sexual exploitation or prostitution of a minor
102.34 Instruction on
102.35 Insufficient evidence
67.00 PUBLIC TRIAL
67.01 Partial closure
67.02 Total closure
68.00 RECORDATION
69.00 REOPENING CASE
69.01 Reopening State’s case-in-chief
69.02 Reopening defense case
69.03 Reopening State’s case-in-rebuttal
70.00 RESTRAINT, JAIL UNIFORMS, AND OTHER INFRINGEMENTS ON PRESUMPTION OF INNOCENCE
70.01 Constitutional and statutory provisions
70.02 Showing required for restraint
70.03 Necessity of court order for restraint
70.04 Stun belt
70.05 Handcuffs or leg irons
70.06 Gagging
70.07 Wearing jail uniforms at trial
71.00 RETROACTIVITY
72.00 REVOCATION OF SUSPENDED SENTENCE, ACCELERATION OF DEFERRED SENTENCE
72.01 Timeliness
72.02 Factual findings
72.03 Insufficient evidence/Abuse of discretion to revoke
72.04 Right to counsel
72.05 Rules of evidence
73.00 RIGHT TO TESTIFY
73.01 Advisement regarding
73.02 Adequacy of waiver
74.00 ROBBERY
74.01 Common law robbery
74.02 Instruction on
74.03 Insufficient evidence
74.04 Indictment for
74.05 Lesser included offense
74.06 Armed robbery
74.07 Instruction on
74.08 Insufficient evidence
74.09 Indictment for
74.10 Lesser included offense
74.11 Extortion
74.12 Instruction on
74.13 Insufficient evidence
74.14 Indictment for
74.15 Lesser included offense
107.00 SATELLITE-BASED MONITORING OF SEX OFFENDERS
107.01 Procedure for making the eligibility determination
107.02 Reportable conviction
107.03 Sexually violent predator
107.04 Recidivist
107.05 Aggravated offense
107.06 Committed physical, mental, or sexual abuse of a minor
107.07 Risk Assessment
107.08 Determination of type of supervision needed
107.09 Length of enrollment
107.10 Constitutionality of statutes
107.11 Ex post facto violation
107.12 Cruel and unusual punishment
107.13 Due process violation
107.14 Equal protection violation
107.15 Separation of powers
107.16 Double Jeopardy
107.17 Guilty Plea - Voluntary, Knowing, and Intelligent Waiver
107.18 Right to Privacy
75.00 SEARCH AND SEIZURE
75.01 Constitutional and statutory provisions
75.02 Reasonable expectation of privacy
75.04 Terry stop and frisk
75.05 Reasonable suspicion
75.06 Duration
75.07 Permissible scope of stop
75.08 Permissible scope of frisk
75.09 Warrant requirements
75.10 Probable cause
75.11 Hearsay
75.12 Fellow officer
75.13 Application for warrant
75.14 Supporting affidavit
75.15 Stale or Anticipatory
75.16 Authority to issue
75.17 Description of place to be searched
75.18 Description of item to be seized
75.19 Execution of warrant
75.20 Timeliness
75.21 Manner of execution
75.23 Abandonment
75.24 Administrative search
75.25 Automobile search
75.26 Search of driver or passenger
75.27 Search of containers
75.28 Bus or railway search
75.29 Body cavity search
75.30 Consent
75.31 Test for determining
75.32 Third party consent
75.33 Scope of consent given
75.34 Curtilage and open fields
75.35 Electronic surveillance
75.36 Exigent circumstances
75.37 Inventory search
75.38 Jailhouse search
75.39 Plain feel
75.40 Plain smell
75.41 Plain view
75.42 Officer where he had a right to be
75.43 Inculpatory nature of evidence
75.44 Pretext search
75.45 Probationers and parolees
75.46 Racial profiling
75.47 Roadblock or border search
75.48 Search incident to arrest
75.49 Strip search
75.50 Limitations on the exclusionary rule
75.51 Good faith exception
75.52 Inevitable discovery
75.53 Attenuation
75.54 Independent source
75.55 Fruit of the Poisonous Tree
75.56 Motion to suppress
75.57 Timeliness of filing
75.58 Affidavit
75.59 Order
75.60 Private party search
76.00 SELECTIVE
PROSECUTION
77.00
SELF-INCRIMINATION AT TRIAL
77.01 Comment on defendant’s invocation of right to remain silent
77.02 Testimony on defendant’s invocation of right to remain silent
78.00 SEQUESTRATION
78.01 Witnesses
78.02 Jury
79.00 SEXUAL ASSAULT
79.01 First-degree forcible rape
79.02 Instruction on
79.03 Insufficient evidence
79.04 Indictment for
79.05 Lesser included offense
79.06 Second-degree forcible rape
79.07 Instruction on
79.08 Insufficient evidence
79.09 Indictment for
79.10 Lesser included offense
79.11 Statutory rape of a person who is 13, 14, or 15 years old
79.12 Instruction on
79.13 Insufficient evidence
79.14 Indictment for
79.15 Lesser included offense
79.16 Statutory rape of a person who is 13, 14, or 15 years old by defendant who is at least six years older
79.17 Instruction on
79.18 Insufficient evidence
79.19 Indictment for
79.20 Lesser included offense
79.21 Statutory rape of a person who is 13, 14, or 15 years old by defendant who is less than six years older
79.22 Instruction on
79.23 Insufficient evidence
79.24 Indictment for
79.25 Lesser included offense
79.26 First-degree forcible sexual offense
79.27 Instruction on
79.28 Insufficient evidence
79.29 Indictment for
79.30 Lesser included offense
79.31 Second-degree forcible sexual offense
79.32 Instruction on
79.33 Insufficient evidence
79.34 Indictment for
79.35 Lesser included offense
79.36 First-degree statutory sexual offense
79.37 Instruction on
79.38 Insufficient evidence
79.39 Indictment for
79.40 Lesser included offense
79.41 Statutory sexual offense of person who is 13, 14, or 15 years old
79.42 Instruction on
79.43 Insufficient evidence
79.44 Indictment for
79.45 Lesser included offense
79.46 Indecent liberties with a child
79.47 Instruction on
79.48 Insufficient evidence
79.49 Indictment for
79.50 Lesser included offense
79.51 Failure to register as a sex offender
79.52 Adequacy of notice
79.53 Indecent exposure
79.54 Instruction on
79.55 Insufficient evidence
79.56 Charging document
79.57 Lesser included offense
79.58 Sexual exploitation of a minor
79.59 Instruction on
79.60 Insufficient evidence
79.61 Indictment for
79.62 Lesser included offense
79.63 Sexual activity by a substitute parent or custodian
79.64 Instruction on
79.65 Insufficient evidence
79.66 Indictment for
79.67 Lesser included offense
79.68 Incest
79.69 Instruction on
79.70 Insufficient evidence
79.71 Indictment for
79.72 Lesser included offense
79.73 Sexual offense in a parental role
79.74 Instruction on
79.75 Insufficient evidence
79.76 Indictment for
79.77 Lesser included offense
79.78 Sexual battery
79.79 Instruction on
79.80 Insufficient evidence
79.81 Indictment for
79.82 Lesser included offense
80.00 SPEEDY TRIAL
80.01 Constitutional and statutory provisions
80.02 Computation of time
104.00 STANDARDS OF REVIEW
104.01 Abuse, neglect and dependency
104.02 Appeal
104.03 Constitutional provisions
104.04 Jurisdiction
104.05 Evidence
104.06 Petition
104.07 Disposition
104.08 Permanency Planning Hearing
104.09 Guardian ad Litem
104.10 Adjudication
104.11 Arraignment
104.12 Batson
104.13 Bill of particulars
104.14 Chain of custody
104.15 Closing arguments
104.16 Competency to stand trial
104.17 Confessions and police interrogations
104.18 Confrontation
104.19 Constitutionality of a statute
104.20 Death penalty
104.21 Discovery Code
104.22 Abuse of discretion
104.23 De novo
104.24 Plain error
104.25 Double Jeopardy
104.26 Evidence
104.27 Abuse of discretion
104.28 De novo
104.29 Plain error
104.30 Grand jury
104.31 Guilty plea or nolo contendere plea
104.32 Habitual felon
104.33 Harbison
104.34 Harmless error
104.35 Imposition of monetary assessments
104.36 Indictments
104.95 Joinder of multiple offenses or defendants for trial
104.37 Judgment and Commitment
104.38 Judges
104.96 Jurisdiction
104.39 Jury coercion
104.40 Jury deliberations
104.41 Jury instructions
104.42 Abuse of discretion
104.43 De novo
104.44 Plain error
104.45 Jury misconduct
104.46 Jury selection
104.47 Juveniles
104.48 Knowing use of perjured testimony
104.49 Lesser included offenses
104.50 Motions
104.51 Abuse of discretion
104.52 De novo
104.53 Motion for appropriate relief
104.54 Motion to dismiss for insufficiency of the evidence
104.55 Motion to suppress evidence
104.56 Findings of fact
104.57 Conclusions of law
104.58 Motion to withdraw guilty plea
104.59 Pre-sentence motion to withdraw
104.60 Post-sentence motion to withdraw
104.61 Plain error
104.62 Presence of defendant
104.63 Proceeding pro se
104.64 Prosecutor
104.65 Probation
104.66 Restraint, jail uniforms, & infringements on the presumption of innocence
104.67 Revocation of suspended sentence and acceleration of deferred sentence
104.68 Right to counsel
104.69 Right to a public trial
104.70 Right to remain silent
104.71 Right to testify
104.72 Search and seizure
104.73 Self-incrimination at trial
104.74 Sequestration
104.75 Speedy trial
104.76 Statutory construction
104.77 Structured sentencing
104.78 Structural error
104.79 Termination of parental rights
104.80 Constitutional provisions
104.81 Evidentiary issues
104.82 Jurisdiction
104.83 Guardian ad Litem
104.84 Petition
104.85 Grounds for termination
104.86 Adjudicatory hearing
104.87 Disposition
104.88 Order
104.89 Appeal
104.90 Trial by jury
104.91 Venue
104.92 Verdicts
104.93 Victim impact
104.94 Violation of statutory mandate
81.00 STRUCTURED
SENTENCING
81.01 Aggravating factors
81.02 Apprendi/Ring/Blakely
81.03 Double counting of element
81.04 Double counting of aggravating factors
81.05 Written findings of fact
81.06 Departure from presumptive range
81.07 Burden of proof
81.08 Induced others or leadership position
81.09 Joined with others or not charged with conspiracy
81.10 Gangs
81.11 To avoid arrest or escape
81.12 Crime for hire or was paid to commit offense
81.13 Disrupt or hinder government functions or law enforcement
81.14 Committed against governmental employee
81.15 Especially heinous, atrocious, or cruel
81.16 Great risk of death
81.17 Defendant in public office
81.18 Armed or used deadly weapon
81.19 Victim characteristics (age, infirmity, handicap)
81.20 While on pretrial release
81.21 Defendant involved a minor in commission of crime
81.22 Great monetary loss or value or large quantity of contraband
81.23 Advantage of position of trust
81.24 Drugs to minor
81.25 Hate crime
81.26 Defendant does not support family
81.27 Delinquency adjudication
81.28 Permanent or debilitating injury to victim
81.29 Non-statutory aggravating factor
81.30 Not reasonably related to sentencing goal
81.31 Not related to character or conduct of defendant
81.32 Mitigating factors
81.33 Written findings of fact
81.34 Departure from presumptive range
81.35 Burden of proof
81.36 Committed under duress, coercion, threat
81.37 Passive participant
81.38 Mental or physical condition reducing culpability
81.39 Age, immaturity, limited mental capacity
81.40 Restitution made to victim
81.41 Victim over 16 and voluntarily consented or participated
81.42 Defendant provided information on another
81.43 Strong provocation, extenuating relationship
81.44 Unforeseeable consequence
81.45 Mistake of law
81.46 Early acknowledgment of wrongdoing
81.47 Good reputation in community
81.48 Defendant is a minor with reliable supervision
81.49 Honorable discharge from military
81.50 Acceptance of responsibility
81.51 Drug or alcohol treatment
81.52 Supports family
81.53 Community support
81.54 Good employment history
81.55 Good treatment prognosis or plan
81.56 Non-statutory mitigating factor
81.57 Prior record level
81.58 Burden of proof
81.59 Method of proof
81.60
Multiple convictions
obtained in one week
81.61 Stipulations
and waivers
81.62 Sentencing Hearing
81.63 Allocution
81.64 Right to present evidence
81.65 Abuse of discretion
81.66 Out-of-state convictions
81.67 All elements of present offense included in prior offense
81.68 Offense committed while on probation, serving sentence of imprisonment, or on escape
81.69 Credit for presentence confinement
82.00 TERMINATION OF PARENTAL RIGHTS
_______See Parent Representation Brief Bank
96.00 THREATENING
BEHAVIOR
96.01 Stalking
96.02 Instruction on
96.03 Insufficient evidence
96.04 Charging document
96.05 Lesser included offense
96.01 Cyberstalking
96.07 Instruction on
96.08 Insufficient evidence
96.09 Charging document
96.10 Lesser included offense
96.11 Violation of domestic violence protective order
96.12 Instruction on
96.13 Insufficient evidence
96.14 Charging document
96.15 Lesser included offense
96.16 Rioting
96.17 Instruction on
96.18 Insufficient evidence
96.19 Charging document
96.20 Lesser included offense
96.21 Disorderly conduct
96.22 Instruction on
96.23 Insufficient evidence
96.24 Charging document
96.25 Lesser included offense
96.26 Ethnic intimidation
96.27 Instruction on
96.28 Insufficient evidence
96.29 Charging document
96.30 Lesser included offense
96.31 Resist, delay or obstruct public officer
96.32 Instruction on
96.33 Insufficient evidence
96.34 Charging document
96.35 Lesser included offense
96.36 Malicious conduct by a prisioner
96.37 Instruction on
96.38 Insufficient evidence
96.39 Charging document
96.40 Lesser included offense
96.41 Communicating threats
96.42 Instruction on
96.43 Insufficient evidence
96.44 Charging document
96.45 Lesser included offense
96.46 Intimidating a Witness
96.47 Instruction on
96.48 Insufficient evidence
96.49 Charging document
96.50 Lesser included offense
96.51 Communicating a False Bomb Report
96.52 Instruction on
96.53 Insufficient evidence
96.54 Charging document
96.55 Lesser included offense
95.00 TRESPASS
95.01 Instruction on
95.02 Insufficient evidence
95.03 Charging document
95.04 Lesser included offense
83.00 TRIAL BY JURY
83.01 Fair cross-section of community
83.02 Vicinage
84.00 VENUE
84.01 Offense committed in more than one county or state
84.02 Inherent authority to change venue
84.03 Motion to change venue
84.04 Adequacy of showing
85.00 VERDICTS
85.01 Inconsistent
85.02 Polling
85.03 Non-unanimous
85.04 Verdict form
86.00 VICTIM IMPACT
86.01 Presentation of
87.00 WEAPONS
OFFENSES
87.01 Possession of firearm by felon (felony firearm enhancement)
87.02 Instruction on
87.03 Insufficient evidence
87.04 Indictment for
87.05 Manufacture, possession of machine gun, sawed-off shotgun, weapon of mass destruction
87.06 Instruction on
87.07 Insufficient evidence
87.08 Indictment for
87.09 Lesser included offense
87.10 Discharging weapon into occupied property
87.11 Instruction on
87.12 Insufficient evidence
87.13 Indictment for
87.14 Lesser included offense
87.15 Carrying concealed weapon
87.16 Instruction on
87.17 Insufficient evidence
87.18 Charging document
87.19 Lesser included offense