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Criminal Pre-Trial Hearings. Alford Hearing: (Alford v North Carolina) – Plea of guilty with assertion of innocence. Aponte Hearing:(People v Aponte)to determine competency of a criminally insane prisoner to initiate proceeding to obtain relief from conviction. Brady Motion: Pre-trial demand for material or evidence possessed by prosecutor that is favorable to or exculpates defendant. Clayton Hearing:(People v Clayton) – To dismiss indictment “In the interest of justice”. Darden Hearing:(People v Darden) – An in camera hearing with judge and confidental informant,without disclosing his identity, to determine whether sufficient information was given by the informer to justify the search warrant that was issued. Dunaway Hearing:(Dunaway v New York) – To determine if police had “probable cause” to detain and arrest defendant. Einhorn Hearing:(People v Einhorn) – To determine if illegal eavesdropping evidence is the basis of a question asked a witness before a Grand Jury. Gelbard Hearing:(U.S. v Gelbard) – Request to learn whether questions asked before a Federal Grand Jury are derived from electronic means of surveillance. Huntley Hearing: (People v Huntley) – To determine voluntariness of confession. Luck Hearing:(U.S. v Luck) – To determine if defendant’s prior conviction may be used for impeachment purposes. Mapp Hearing: (Mapp v Ohio) – A hearing to determine whether evidence should be suppressed because it has been obtained in violation of the defendant’s Fourth Amendment rights. Miranda Hearing: (Miranda v Arizona) – To determine whether defendant was properly advised of rights at the time of arrest. Montgomery Hearing: (People v Montgomery) – To determine whether defendant received adequate notice of his right to appeal from judgement. Sandoval Hearing: (People v Sandoval) - A hearing to determine which portions of a defendant’s prior record can be brought out by the prosecution a trial if defendant testifies. <{> Simmons Hearing: (Simmons v U.S.) – To determine the use of police photographs to establish identity. Townsend Hearing: (People v Townsend) – As to the delay between time of arrest and indictment “Speedy Trial Rule” Wade Haring: (U.S. v Wade) – To determine the Propriety of pre-trial identification (line-up) Witherspoon Hearing: (Witherspoon v Illinois) – Examination on the voir dire as to juror attitude to the death penalty. Compiled by: Alfredo Gonzales, Bronx Supreme Court. |
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