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SERIES 200 POST-TRIAL: INTRODUCTORY

F 221 NOTES

TABLE OF CONTENTS
F 221 Note 1 Prosecution’s Burden Should Be Included In Pretrial Instructions On Jurors Duties
F 221 Note 2 Whether “Beyond Reasonable Doubt” Should Be Defined
F 221 Note 3 Alternative Definition Of Reasonable Doubt
F 221 Note 4 Improper To Describe Proof Beyond A Reasonable Doubt In Terms Of “Every Day” Decisions
F 221 Note 5 Error To Instruct Jury That Defendant Is Presumed Not Guilty
F 221 Note 6 Counsel Has Duty To Challenge CALCRIM 103 Notwithstanding View Of Intermediate California Appellate Court That The Issue Is Frivolous
F 221 Note 7 Pretrial Instructions During Voir Dire: Impact On Jury Instruction Errors At Trial
F 221 Note 8 Equal Protection Challenge To CALCRIM 103 Based On Bush v. Gore (2000) 531 US 98 [148 LEd2d 388; 121 SCt 525]
F 221 Note 9 No State Has Reduced Reasonable Doubt To A Feeling Of An “Abiding Conviction” In The Truth Of The Charge As “Satisfactorily” Shown
F 221 Note 10 CALJIC 2.90 Unconstitutionally Admonishes the Jury That a Possible Doubt Is Not a Reasonable Doubt
F 221 Note 11 Precluding Prosecutor From Unduly Emphasizing Instructional Language Regarding “Mere Possible Or Imaginary Doubt”

Return to Series 200 Table of Contents.


F 221 Note 1 Prosecution’s Burden Should Be Included In Pretrial Instructions On Jurors Duties

See FORECITE F 103 Note 1.


F 221 Note 2 Whether “Beyond Reasonable Doubt” Should Be Defined

See FORECITE F 103 Note 2.


F 221 Note 3 Alternative Definition Of Reasonable Doubt

See FORECITE F 103 Note 2.


F 221 Note 4 Improper To Describe Proof Beyond A Reasonable Doubt In Terms Of “Every Day” Decisions

See FORECITE F 103 Note 4.


F 221 Note 5 Error To Instruct Jury That Defendant Is Presumed Not Guilty

See FORECITE F 103 Note 5.


F 221 Note 6 Counsel Has Duty To Challenge CALCRIM 103 Notwithstanding View Of Intermediate California Appellate Court That The Issue Is Frivolous

See FORECITE F 103 Note 6.


F 221 Note 7 Pretrial Instructions During Voir Dire: Impact On Jury Instruction Errors At Trial

See FORECITE F 103 Note 7.


F 221 Note 8 Equal Protection Challenge To CALCRIM 103 Based On Bush v. Gore (2000) 531 US 98 [148 LEd2d 388; 121 SCt 525]

See FORECITE F 103 Note 8.


F 221 Note 9 No State Has Reduced Reasonable Doubt To A Feeling Of An “Abiding Conviction” In The Truth Of The Charge As “Satisfactorily” Shown

See FORECITE F 103 Note 9.


F 221 Note 10 CALJIC 2.90 Unconstitutionally Admonishes The Jury That A Possible Doubt Is Not A Reasonable Doubt

See FORECITE F 103 Note 10.


F 221 Note 11 Precluding Prosecutor From Unduly Emphasizing Instructional Language Regarding “Mere Possible Or Imaginary Doubt”

See FORECITE F 103 Note 11.

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