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    • PG VII(I) (a) Table of Contents: Grounds For All Cases—Capital and Non-Capital
        • CG 1.1 Privilege Against Self Incrimination: Reliance On Silence
        • CG 1.2 Privilege Against Self Incrimination: Reliance On Inculpatory Evidence Obtained In Violation Of Privilege
        • CG 1.3 Defendant’s Right To Be Personally Present At Trial
        • CG 1.4 Right To Testify
        • CG 1.5 Public Trial
        • CG 1.6 Double Jeopardy
        • CG 1.7 Self Representation
        • CG 1.8 Right Of Argument To The Jury
        • CG 1.9 Right To Appointment Of Counsel
        • CG 1.10 Right To Effective Counsel
        • CG 1.11 Penalizing Defendant For Counsel’s Mistakes
        • CG 1.12 Compulsory Process: Generally
        • CG 1.12.1 Super Compulsory Process
        • CG 1.13 Confrontation: Generally
        • CG 1.13.1 Confrontation: Generally; Limitation As Constitutional Violation
        • CG 1.13.2 Super Confrontation
        • CG 1.13.3 Hearsay Violation As Confrontation Violation
        • CG 1.13.4 Aranda/Bruton
        • CG 1.14 Reliability

       

        • CG 2 Burden Of Proof
        • CG 2.1 Burden Of Proof: Failure To Adequately Define
        • CG 2.2 Burden Of Proof: Elements And Essential Facts
        • CG 2.3 Prosecution’s Burden Of Proof: Irrational Permissive Inference
        • CG 2.4 Instructions Which Improperly Shift Burden Of Proof
        • CG 2.5 Lightening, Lessening Or Diminishing The Prosecution’s Burden Of Proof
        • CG 2.6 Lack Of Evidence May Result In Reasonable Doubt
        • CG 2.7 Guilt By Association
        • CG 2.8 [Reserved]
        • CG 2.9 Insufficient Evidence On Appeal
        • CG 2.10 Multiple Defendants: Separate Consideration

       

      • CG 3.1 Elements
      • CG 3.1.1 Prosecution Must Prove Every Element Of Special Circumstance
      • CG 3.2 Directed Verdict On Element
      • CG 3.3 Directed Verdict On Essential Factual Issue
      • CG 3.4 Erroneous, Conflicting And/Or Contradictory Instructions On Elements
      • CG 3.5 Failure To Fully, Clearly and Accurately Instruct On An Element
      • CG 3.6 Failure To Specifically Enumerate One Or More Elements
      • CG 3.7 Failure To Tailor Elements To The Facts And Charge
      • CG 3.8 Concurrence Of Act And Intent Or Mental State
      • CG 3.9 Preliminary Factual Finding As To Element
      • CG 3.10 Elements Of Crime Based On Failure To Perform A Legal Duty
      • CG 3.11 Applicability Of Federal Constitutional Rights To Sentencing Decisions
      • CG 3.12 Requirement Of Criminal Mens Rea
      • CG 4 Defenses
      • CG 4.1 Right To Instruct The Jurors On Defense Theories
      • CG 4.2 Defendant Has No Burden To Prove Defense Theory Which Negates Element Of Charge
      • CG 4.3 Affirmative Defense: Right To Instruction
      • CG 4.4 Jury Must Consider Affirmative Defense Evidence As To Whether Prosecution Has Proven All Elements Of The Offense
      • CG 4.5 Right To Present Evidence And Fair Opportunity To Defend
      • CG 4.6 Right To Present Evidence: Experts
      • CG 4.7 Right To Pinpoint Instruction: Non-Element
      • CG 5 Evidence And Witnesses
      • CG 5.1 Highly Prejudicial Or Inflammatory Evidence
      • CG 5.2 [Reserved]
      • CG 5.3 Impairing Jury’s Assessment Of Witness Credibility
      • CG 5.3.1 Aranda/Bruton
      • CG 5.3.2 Super Confrontation
      • CG 5.3.3 Hearsay Violation As Confrontation Violation
      • CG 5.4 Argumentative, Improper Comment, Undue Emphasis Of Evidence
      • CG 5.4.1 Instructions That Suggest An Opinion as To An Essential Fact, An Element Or Guilt
      • CG 5.4.2 Argumentative Instructions Not Suggesting Opinion On Guilt
      • CG 5.4.3 Undue Emphasis Of Specific Evidence
      • CG 5.5 Defendant’s Statements/Adoptive Admissions
      • CG 5.6 Extraneous Evidence
      • CG 5.7 Preliminary Facts
      • CG 5.8 Preliminary Factual Finding: Non-Element
      • CG 5.9 Uncharged Acts: Propensity, Priors
      • CG 5.10 Right To Jury Consideration Of Evidence
      • CG 5.11 Eyewitness Identification
      • CG 5.12 Factors To Consider Not Exclusive
      • CG 5.13 Due Process Underpinnings Of Accomplice Cautionary Instruction
      • CG 5.14 Corpus Delicti
      • CG 5.15 Failure To Explain Or Deny
      • CG 5.16 Consciousness Of Guilt
      • CG 5.17 Motive
      • CG 5.18 Reverse Consciousness Of Guilt
      • CG 5.19 Unjoined Perpetrators
      • CG 5.20 Dog Tracking
      • CG 5.21 Uncharged Offenses: EC 1101(b)
      • CG 5.22 Possession Of Stolen Property
      • CG 6 Due Process
      • CG 6.1 Due Process And Notice—Generally
      • CG 6.2 Notice: Charging Document
      • CG 6.3 Arbitrary Denial Of State Created Right
      • CG 6.4 Cumulative Effect Of State Errors As Violation Of Federal Due Process
      • CG 6.5 Instructions Must Be Balanced Between Defense and Prosecution
      • CG 6.6 Balance Between Codefendants
      • CG 6.6.1 Balance: Jury Panel
      • CG 6.6.2 alance: Among Instructions—No Undue Emphasis
      • CG 6.7 Reliability: Non-Capital Charge
      • CG 6.8 Prosecution Misconduct: Lost Or Destroyed Evidence
      • CG 6.9 Prosecution Misconduct: Brady/Kyles
      • CG 6.10 Prosecution Misconduct: Argument And Other Conduct During Trial
      • CG 6.11 Fairness: Generally
      • CG 6.12 Due Process: Appeal
      • CG 6.13 Due Process: Interpreter
      • CG 6.14 Due Process: Right To Fair Trial Trumps Judicial Economy
      • CG 6.15 Super Due Process: Right To Fair Trial Trumps Domestic Rules Of Evidence
      • CG 6.16 Racial Bias
      • CG 6.17 Due Process Applicable To Deeply Rooted Common Law Right
      • CG 7 Juror Duties And Conduct
      • CG 7.1 Right To Jury Consideration Of The Evidence
      • CG 7.2 Jury’s Duty To Fully And Fairly Apply The Law
      • CG 7.2.1 Conflicting Or Contradictory Instructions
      • CG 7.3 Consideration Of Matters Not Admitted Into Evidence
      • CG 7.4 Juror Consideration Of Evidence For An Improper Purpose
      • CG 7.5 Fair And Unbiased Jury
      • CG 7.6 Premature Deliberations Or Formulation Of Opinion
      • CG 7.7 Ex Parte Juror Contact
      • CG 7.8 Right To Individual Juror Determination
      • CG 7.9 Duty To Deliberate Fully And Fairly
      • CG 7.10 Juror Nullification
      • CG 7.11 Juror Questions Of Witnesses
      • CG 7.12 Juror Questions Of Judge
      • CG 7.13 Juror Requests For Readback
      • CG 8 Lesser Offenses
      • CG 8.1 Lesser Included Offense: Requested As Defense Theory
      • CG 8.2 Lesser Included: Failure To Instruct Sua Sponte
      • CG 8.3 Lesser Included—Capital Case
      • CG 9 Trial Procedures
      • CG 9.1 Public Trial
      • CG 9.2 Courtroom Security
      • CG 9.2.1 Anonymity Of Victim/Witness: Propriety Of Withholding Identity Of Witness From Defense
      • CG 9.2.2 Defendant In Jail Clothes
      • CG 9.3 Fair Opportunity To Defend
      • CG 9.4.1 Codefendants: Generally
      • CG 9.4.2 Misconduct By Co-Counsel
      • CG 9.5 Voir Dire
      • CG 9.6 Spectator Misconduct
      • CG 10 Judge’s Duties
      • CG 10.1 Fair And Unbiased Judge
      • CG 10.2 Judge’s Duties: Deadlocked Jury
      • CG 10.3 Comment, Argument Or Undue Emphasis
      • CG 10.4 Competency Of Judge
      • CG 11 Prosecution Misconduct
      • CG 11.1 Prosecution Misconduct During Trial Or Argument As Violation Of Specific Rights
      • CG 11.1.1 Reference To Non-Record Matters
      • CG 11.1.2 Disparagement Of Defense Counsel
      • CG 11.1.3 Disparagement Of Defendant
      • CG 11.1.4 Reference To Inflammatory Evidence
      • CG 11.1.5 Knowing Use Of Perjured Testimony
      • CG 11.1.6 Unknowing Use Of Perjured Testimony
      • CG 11.1.7 Guilt Assuming Hypotheticals
      • CG 11.1.8 Comment On Veracity Of Prosecution Witness
      • CG 11.1.9 Hampering Or Threatening Witnesses
      • CG 11.1.10 Failure To Grant Immunity
      • CG 11.1.11 Outrageous Government Conduct
      • CG 11.1.12 Vouching
      • CG 11.1.13 Misstatement Of Law
      • CG 11.2 Prosecution Misconduct: Due Process
      • CG 11.3 Prosecution Misconduct: Inconsistent Theories
      • CG 12.1Deliberation And Verdict
      • CG 12.2 Duplicity/Unanimity
      • CG 12.3 Multiplicity

 

  • Table of Contents: Additional Constitutional Grounds For Death Cases
    • CG 13 Additional Constitutional Grounds For Death Cases
    • CG 13.1 Death Qualification Based On Killing By An Accomplice During Another Felony Must Be Narrow
    • CG 13.2 Death Eligibility Factor Must Not Be Overly Broad or Vague
    • CG 13.3 Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden
    • CG 13.4 Heightened Reliability Of Guilt Determination
    • CG 13.5 Fair And Reliable Sentencing Determination
    • CG 13.6 Individualized Sentencing
    • CG 13.7 Jury Must Accept Personal Responsibility For The Sentencing Decision
    • CG 13.8 Premature Deliberation As To Penalty
    • CG 13.9 The 8th Amendment Requires That The Jury Understand The Death Penalty Instructions
    • CG 13.10 Jury Consideration Of Extrinsic Evidence Or Properly Admitted Evidence For An Improper Purpose
    • CG 13.11 Jury Must Consider Mitigating Evidence
    • CG 13.12 A Mandatory Death Sentence Is Unconstitutional: The Jury Must Fairly Exercise Discretion
    • CG 13.13 Improper Aggravation
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