Change of venue

Personnel (judge) or location trial

Demurrer

Attacks sufficiency of pleadings

Consolidate charges

Kellet; P.C. 654 and 954

Severance of counts 
(burden on D)

D/P cases; undue prejudice

Severance of Defendants
(presumption favors Joinder)

6^th A concerns for confrontation where co-defendants implicate each other

Continuance

Delay in trial date

Due process dismissal

Time frame between commission of the crime and filing of charges (S/O/L)

Speedy trial dismissal
(due process)

6^th A addresses timing between charging and trial

Speedy trial dismissal (statutory)

P.C. 1382 controls with detail on nature of crime and custody status of defendant

Discovery
D,P,T

Brady material—exculpatory evidence; Note 3 major exceptions

Informant disclosure
(Roviaro)

Co-conspirator? Percipient witness? Entrapment defense?

Pitchess motion
relevant in cases involving self-defense claims, resisting charges

Peace officer personnel records; balancing test between due process and statutory privilege

Trombetta/Youngblood

No absolute duty to preserve evidence; D must show bad faith +exculpatory +cannot duplicate evidence

Mejia

P must deliberately make exculpatory W unavailable (deportation case)

Wade/Gilbert

D may move for line-up promptly after arrest or arraignment where bad ID is at issue; right to attorney presence

Compel exemplars

Blood, voice, writing, fingerprints, DNA, photographs

Marsden

6^th A ineffective assistance

Boykin/Tahl

Challenges to priors (esp. pleas) in 3 strikes cases

1538.5

Suppression of 4^th A material

Separate hearings

Harvey-Whitley

Challenges authenticity of information used by police to detain or arrest D (documents sources of info)

Traverse a search warrant

Theodor challenges basis of warrant; sufficiency of information

402 (in limine)

Miranda compliance

Kelly-Frye (in limine)

Challenges validity of scientific evidence: "general acceptance test"

995

Challenges sufficiency of GJ or preliminary hearing on procedural or substantive grounds

352 (in limine)

Challenges cumulative evidence e.g. gruesome photographs

BURDEN OF PROOF TABLE
PRINT A COPY OF THIS CHART
              TO USE WITH OUR DISCUSSION OF CHAPTER 4   BEGINNING MARCH O1, 2001.

ANY SHOWING

THE LOWEST LEVEL OF PROOF

SCINTILLA

SYNONYMOUS WITH MINIMAL SHOWING;
COMMONLY USED AS A NEGATIVE
EG. “…NOT A SCINTILLA OF PROOF…”

PRIMA FACIE

SUFFICIENT EVIDENCE ON ITS FACE

MERE SUSPICION

HUNCH

REASONABLE SUSPICION

EXISTENCE OF FACT IS POSSIBLE

PREPONDERANCE OF THE
         EVIDENCE

MORE THAN 50% LIKELIHOOD

PROBABLE CAUSE

MORE LIKELY THAN NOT (RCTB)

CLEAR AND CONVINCING
         EVIDENCE

MORE THAN PREPONDERANCE, LESS THAN BRD

BEYOND REASONABLE DOUBT

EXCLUDES ALL REASONABLE ALTERNATIVE EXPLANATIONS

ABSOLUTE CERTAINTY

EXCLUDES ALL DOUBT