Louisiana Bar – Criminal Law, Criminal Procedure, and Evidence Practice Exam

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• A week before the trial is set to commence, counsel needs more time to prepare. How should he proceed to extend the trial date?
• If misjoinder of offenses is found, what is the proper procedural remedy in Louisiana?
• Flight from Officer requires which elements?
• In a case where a defendant is detained without bond for two years with no interruptions and charged with a noncapital felony, what action should the defense take?
• Which description best defines Reckless Operation of a Vehicle?
• To extend the trial date, which statement best describes the required nature of the continuance motion?
• A person forcibly takes a vehicle from the owner who is present and in lawful possession. This is an example of which offense?
• When do Miranda rights attach?
• Under First Degree Murder, which scenario could qualify based on a long list of factors?
• Two defendants charged together may be joined in the same indictment if they are based on the same act, transaction, or scheme. Which choice best expresses this principle?
• There has been extensive pretrial publicity about the case. What action should the defense seek, and what is the likely outcome?
• Which statement reflects a False Imprisonment element?
• Which of the following is NOT listed as an aggravating circumstance?
• A voice-identification procedure may violate due process if it is unduly suggestive and likely to produce a misidentification, assessed under the totality of circumstances. Which statement is true?
• Under Louisiana Code of Evidence Rule 404, the accused can introduce evidence of a character trait that is pertinent to the crime. How must such evidence be presented?
• Which statement about aggravating circumstances is true?
• During the trial, the ER nurse who attended V testifies that while barely conscious V stated, "I can't believe that D would do this to me." About five minutes later V lost consciousness and eventually died. Should the judge allow the nurse to testify regarding V's statement?
• Any other evidence obtained by warrantless search and seizures of a car should be suppressed.
• Arrest in a public place without a warrant is permitted when?
• The neighbor who identified Kimberly died before trial. The detective's identification procedure was recorded on video. Should the judge allow admission of the recorded identification statement and play the DVD for the jury?
• Self-Defense justifies use of deadly force under which condition?
• What is the justification for warrantless inventory searches of impounded vehicles?
• Under the Due Process Clause, which statement should be excluded if it was involuntary, e.g., obtained as a result of threats or violence?
• For forfeiture by wrongdoing, which statement is correct?
• An evidence seized beyond the breadth of a warrant is what?
• Which of the following best states the elements of a criminal conspiracy?
• Vehicular Homicide is described as death caused by what?
• A warrantless automobile search is permitted if there is an actual and continuing threat to the officer's safety posed by an arrestee or the need to preserve evidence related to the crime of arrest.
• If police execute an arrest at the home of a third party without obtaining a separate warrant for that home, which statement is true?
• Which is the proper definition of the Insanity defense?
• May prosecutors use a defendant's prior felony conviction to impeach the defendant's credibility if the defendant testifies, even if the conviction is not an element of any charged offense?
• Which of the following is a requirement for a warrant?
• Which statement accurately describes consent to search a residence when there are multiple occupants?
• Which statement correctly describes the Open Fields Doctrine as it applies to evidence outside the curtilage?
• Which statement accurately describes Resisting Arrest?
• A person intentionally sets fire to property without the owner's consent, and the fire causes damage. This is which offense?
• During cross-examination of a witness, are the witness's prior convictions admissible, and what details may be admitted?
• Mistake of Law is generally not a defense because which statement is correct?
• Which statement best describes the form of the motion to continue?
• A person takes property of another with the intent to permanently deprive. This describes which offense?
• Negligent Homicide is based on which mental state?
• Criminal Trespass requires what conduct?
• Which statement is admissible even without Miranda rights?
• Probable Cause is defined as?
• Which statement describes an Accessory After the Fact?
• Which element distinguishes Aggravated Assault with Firearm from simple Aggravated Assault?
• To invalidate a search warrant, which elements must be present?
• During trial, a witness testifies that the defendant is a 'good dude' and that everyone in town knows that. May the prosecutors now introduce evidence that the defendant has bad character to refute this testimony?
• During Nathan's defense, the attorney seeks to call one of Nathan's coworkers to testify that Nathan has a favorable reputation for truthfulness in their accounting community. How should the judge rule?
• What is required for the admissibility of photographs of seized marijuana plants at trial?
• Under the dual sovereignty doctrine, can federal and state authorities prosecute the same individual for the same criminal act?
• Which of the following is an enumerated felony offense?
• In evaluating Fourth Amendment issues, what is the first question?
• Concealment of Firearm involves
• Under the curtilage rule, which statement is correct?
• On the second day of trial, it is disclosed that the state's key witness gave four statements to detectives that are materially different from one another, and at least some are exculpatory. What should the defense do?
• During custodial interrogation, if a suspect invokes the right to remain silent, what must the officers do?
• Which is correct about the plain view exception within the curtilage?
• Infancy as a defense applies to individuals under what age?
• Under what standard may a public school administrator search a student's locker without a warrant?
• A person intentionally seizes and carries a victim from one place to another. This describes which offense?
• Simple Battery elements include which?
• General Negligent Injuring is described as an injury caused by what?
• Which action appropriately describes the basis for a continuance motion in this context?
• First Degree Murder can include enumerated felony as a basis. Which option reflects that?
• Which statement distinguishes simple assault from simple battery?
• Hit and Run offenses require which actions?
• May prosecutors introduce evidence of a prior felony conviction of a defendant if the current charge is possession of firearm by a convicted felon, where the prior offense was forcible rape?
• A kidnapping where the victim is used as a shield/hostage, abused or imprisoned for 72+ hours, and the defendant is armed describes which offense?
• Felony-Murder (causal connection between felony and death of victim) is listed under which degree?
• Statements made to a cellmate fall outside the custodial interrogation framework, so they are generally not suppressed. Which statement reflects this correctly?
• During voir dire, a prospective juror reveals she lives in the victim's condo building and has seen the victim there a few times. Are defense lawyers entitled to strike the prospective juror for cause?
• In Louisiana, the prosecutor may question its own witness with leading questions under what circumstances?
• The victim is held for 72 hours or longer and the offender is armed.
• Aggravated 2nd Degree Battery comprises which elements?
• Felon in Possession requires violent crime or drug felony conviction.
• What standard is required to justify detaining a person temporarily?
• If the two-year speedy-trial window has elapsed for a noncapital felony, what action is proper?
• Assault by Drive By is defined as
• Second Degree Battery requires which elements beyond Simple Battery?
• Which statement is NOT an element of Flight from Officer?
• Which category of offense is subject to the two-year speedy-trial deadline described in this material?
• Burglary into an inhabited dwelling with intent to commit theft is best described as which offense?
• Entering an inhabited dwelling with the intent to commit a crime and being armed qualifies as which offense?
• A kidnapping with the specific intent for someone to give up anything of value in order to secure the victim's release describes which offense?
• Once a suspect unambiguously invokes the right to counsel, what must happen?
• Under Louisiana law, when is a judge disqualified from considering a case because of prior involvement with the matter or with the attorney's firm?
• Aggravated Flight from Officer is charged when human life is endangered.
• Which offenses require specific intent to cause serious bodily injury to elevate?
• Which statement describes how the functional equivalent of custody for Miranda is determined?
• A statement made during the heat of the moment by a declarant, such as an excited utterance, may be admitted under which hearsay exception?
• In this jurisdiction, who may provide the affidavit accompanying a motion to continue?
• Simple Assault includes which acts?
• Which statement is a basis for First Degree Murder?
• Prosecutors call an officer to testify about the bracelet that was later found in D1's possession. The officer retrieved the bracelet from D2's SUV. What foundation should the prosecutor lay?
• Compounding Felony may also involve which action?
• Resisting Arrest in Louisiana is defined as
• A Louisiana automobile registration certificate reflecting ownership is offered in evidence. How should the judge rule regarding its admissibility?
• Vehicular Negligent Injuring involves injuring by operation of a vehicle, boat, or plane. Which option correctly reflects this basis?
• False Imprisonment (General) requires which core element?
• The plain view doctrine requires what about the officer's presence?
• Which of the following is an exception to the exclusionary rule?
• Setting fire to a structure where it is foreseeable that human life could be endangered qualifies as which offense?
• After the foreman announces the verdict, what should counsel do to verify the jury's verdict?
• Who bears the Brady obligation to disclose exculpatory evidence?
• Second Degree Robbery requires simple robbery plus which extras?
• First Degree Vehicular Negligent Injuring requires which additional element beyond Vehicular Negligent Injuring?
• What makes an assault 'aggravated'?
• Unauthorized Entry of an Inhabited Dwelling requires which elements?
• Use of Nonlethal Force to protect property has which required condition?
• Death during enumerated felony is a basis for which murder degree?
• Which statement is not a remedy for a Brady violation involving exculpatory evidence?
• Felon in Possession requires what condition?
• Which statement best describes the 4th Amendment particularity requirement?
• Probable cause for an automobile search is determined by what standard?
• For noncapital felonies, the trial must commence within how many years from the date of the institution of the prosecution?
• Intoxication may preclude liability if which condition is met?
• Are inventory searches of an impounded car permissible without a warrant or probable cause?
• After the guilty verdict is read, the clerk polls the jury. If any juror does not answer 'yes' to the verdict, what may the court do?
• Before allowing joint representation of two defendants who were arrested together, what procedure must the court perform?
• Defense of Others permits force under which condition?
• Aggravated Battery is distinguished from Simple Battery by which element?
• Which of the following is an exception to the exclusionary rule besides Independent Source?
• A kidnapping with the specific intent to obtain something of value from the victim.
• Which best defines criminal negligence?
• Which description best fits the public records exception to hearsay?
• Which elements are required for second-degree battery?
• Validity of a Home Arrest: which statement is correct?
• Which statement best captures the elements of False Imprisonment with a Dangerous Weapon?
• D introduces the testimony of his supervisor regarding D's reputation for peacefulness and nonviolence. Is this admissible as character evidence?
• Kimberly was charged with possession of a firearm by a convicted felon. After the federal government indicts and convicts her for the same offense, how should the Louisiana judge rule on a motion to quash the state indictment under the dual sovereignty doctrine?
• Under the automobile exception, which is true?
• What elevates simple robbery to first degree?
• Possession with Intent to Distribute is ...
• Which statement accurately describes admissibility of evidence found in a home during a warrantless search?
• Defendant seeks to introduce evidence that the victim had a violent history and a dangerous character to support a claim related to motive, opportunity, or identity. When is such evidence admissible?
• Which statement describes Simple Criminal Damage to Property?
• During trial, the state seeks to correct a misdescription in Jenny's car from a 2007 Honda Accord to a 2008 Honda Civic. How should the judge rule?
• Miranda warnings are required during which circumstance?
• Who is a Principal in a crime?
• Which degree of robbery requires the offender to lead the victim to believe they are armed with a dangerous weapon?
• During testimony, the arresting officer describes Jenny's out-of-court statement, 'Please don't shoot me!' Is the statement admissible, and why?
• Stalking is defined as
• In a joint trial, a co-defendant's out-of-court statement implicating the defendant is admissible against the co-defendant in a separate trial and not admissible against the defendant in the joint trial if the co-defendant does not testify. Which rule best captures this?
• Which statement accurately describes the admissibility of evidence seized from a workplace without a warrant?
• Under what circumstances can the details of a prior conviction beyond the basic facts be admitted during impeachment or cross-examination?
• If the original seized marijuana plants were destroyed but a photograph exists, under Louisiana law the photographs may be admitted if there is proper foundation. What is the key foundation requirement?
• Which elements comprise simple robbery?
• Under Brady, which remedy is available when exculpatory statements are not disclosed?
• If the state plans to introduce a co-defendant's statement that implicates the other co-defendant at trial and the co-defendant will not testify, what is the proper remedy?
• A thief uses force to take a car from the owner who is present.
• Which statement best describes the difference between Flight from Officer and Aggravated Flight from Officer?
• A photo identification procedure may violate due process if it is unduly suggestive and likely to result in an unreliable identification, based on the totality of the circumstances. Which statement is accurate?
• Which statement describes Aggravated Criminal Damage to Property?
• At the start of trial, what measure should be used to preserve the integrity of witnesses' testimony?
• Does a prospective juror's knowledge of the location where the crime occurred provide a valid basis for challenging the juror for cause?
• Which is listed as an aggravating circumstance?
• Which statement is true about possession offenses in Louisiana?
• A person unlawfully enters a dwelling with the specific intent to commit a felony or theft therein. This best fits which offense?
• If the prosecution fails to disclose exculpatory material, which of the following is a proper remedy at minimum?
• Takes a neighbor's bicycle without consent, planning to return it soon. This offense is which?
• Possession of CDS in Louisiana is
• Which statement about voice-identification procedures is accurate under due process analysis?
• Which elements constitute a DWI conviction in Louisiana?
• Mistake of Fact can be a defense when it is what?
• Manslaughter is murder, but occurs under which condition?
• A neighbor's bicycle is taken without consent but there is no plan to permanently deprive the owner. This offense is which?
• Identity Theft includes the following element?
• Under the Confrontation Clause, prior testimonial evidence may be admitted only if the declarant is unavailable and the defendant had the opportunity to cross-examine; this right can be forfeited if the declarant is unavailable due to the defendant's wrongdoing. Which statement best describes this rule?
• Compounding Felony involves which action?
• Under aggravating circumstances, which victim age qualifies?
• Death caused by ingestion of a controlled substance falls under which murder degree?
• Under Louisiana law, two or more offenses may be charged in the same indictment in separate counts if they are (i) of the same or similar character, or (ii) based on the same act or transaction or two or more acts connected together or part of a common scheme, and (iii) triable by the same mode of trial. Which statement correctly describes when such joinder is permitted?
• Armed Robbery includes which element beyond simple robbery?
• Which statement describes Possession of Stolen Things?
• Obstruction of Justice may include which act?
• Identity Theft includes the use of SSN or driver's license number.
• To admit a bracelet into evidence, what is the essential testimony required to establish authentication when the officer testifies to retrieving the item from a suspect's vehicle?
• Justifiable homicide includes which form when an intruder is unlawfully in or attempting to enter a dwelling and deadly force is necessary?