SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 751 Second Degree Murder With Prior Prison for Murder, PC 190.05
TABLE OF CONTENTS
F 751.1 Titles And Identification Of Parties
F 751.1 Inst 1 Second Degree Murder With Prior Prison for Murder—Title
F 751.1 Inst 2 Identification Of Prosecution And Defendant
F 751.2 Instructions
F 751.2 Inst 1 No Duty To Decide
Return to Series 700 Table of Contents.
F 751.1 Titles And Identification Of Parties
F 751.1 Inst 1 Second Degree Murder With Prior Prison for Murder—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 751.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 751.2 Instructions
F 751.2 Inst 1 No Duty To Decide
*Modify CC 751, paragraph 5, as follows [added language is underlined]:
[In deciding, if you can, whether the People have proved this allegation, consider only the evidence presented in this proceeding. Do not consider your verdict or any evidence from the earlier part of the trial.]
Points and Authorities
See FORECITE F 100.7 Inst 1.
No Reference To “The People”—The defendant objects to use of the term “the People” in this instruction and throughout this trial. [See FORECITE F 100.2 Note 1; CALCRIM Motion Bank # CCM-006.]
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
