| F 101.2 Inst 4 |
Deletion Of The Term “Share Information” |
| F 103.1 Inst 6 (a & b) |
Arrest, Charges And Trial Are Not Evidence |
| F 105.5 Inst 2 |
Improper To Presume Truthfulness From Lack Of Discussion |
| F 106 Note 3 |
Strategy Note: Should Juror Questions During Testimony Be Discouraged? |
| F 123 Inst 3 |
Anonymity Of Alleged Victim: Defense Objection Precludes Instruction Which Benefits Defendant |
| F 200.1.2 Note 2 |
Whether Written Instructions Should Include Descriptive Titles |
| F 200.1.2 Note 3 |
Record Must Include Proposed Instruction Titles And Numbers |
| F 203 Note 2 |
Strategy ALERT: Counsel Must Request Instruction On Limited Admissibility Of Evidence Against Some Defendants And Not Others |
| F 220.2 Inst 3 |
The Jury Should Be Instructed Using The "Each Element" Formulation Of The January 2006 Version Of CALCRIM 220 |
| F 223 Note 3 |
If CC 223 Is Given CC 224 and CC 225 Should Also Be Given |
| F 240 Note 1 |
Sua Sponte Duty To Instruct On Causation |
| F 251 Inst 4 |
Union Of Act And Intent: Aiding And Abetting Allegation |
| F 252 Inst 1 |
General Intent: Applicability To Multiple Acts And Course Of Conduct |
| F 252 Inst 2 |
General Intent: Knowledge Element |
| F 252 Inst 3 |
Specific Intent Or Mental State: Applicability To Multiple Acts And Course Of Conduct |
| F 252 Inst 4 |
Modification For Offenses Requiring Both Specific Intent And Mental State |
| F 252 Inst 5 |
Union Of Act And Intent Applies To Act Or Conduct |
| F 252 Inst 6 |
Union Of Act And Intent: Aiding And Abetting Allegation |
| F 304 Note 1 |
Limited Admissibility Instruction Must Be Requested |
| F 316(¶ A) Note 7 |
Moral Turpitude Properly Defined In Terms Of "Readiness To Do Evil" |
| F 316(¶ B) Note 1 |
CALCRIM “Authority” Erroneously Limits Wheeler To Criminal Misconduct |
| F 334 Note 6 |
Instruction That One Accomplice Cannot Corroborate Another Not Required Sua Sponte |
| F 334 Note 12 |
CC 336 And CC 337 Should Be Given For “In Custody” Accomplice |
| F 362.1 Inst 1 |
Title Modification In Light Of Preliminary Facts |
| F 362.1 Inst 9 |
Consciousness Of Guilt From False Statements: Defense Objection Precludes Cautionary/Limiting Instruction Which Benefits Defendant |
| F 370 Note 2 |
Child Molestation Or Child Annoyance: Improper To Give CC 370 Re: Motive (PC 647.6) |
| F 372.1 Inst 2 |
Flight: Required Preliminary Facts |
| F 372.1 Inst 6 |
Flight Instruction: Objection By Defendant Precludes Cautionary/Limiting Instruction Which Benefits The Defendant |
| F 372.1 Inst 7 |
Improper Assumption That A Crime Was Committed |
| F 372 Note 12 |
Flight Instruction: Objection By Defendant Precludes Cautionary/Limiting Instruction Which Benefits The Defendant |
| F 376 Inst 14 |
width=”495″> Possession Of Recently Stolen Property: Defense Objection Precludes Cautionary/Limiting Instruction Which Benefits Defendant |
| F 400.9 Inst 1 |
Aiding And Abetting: "Equally Guilty" Language Improper When Accomplice May Be Convicted Of Lesser Offense Than Perpetrator |
| F 401.5 Inst 5 |
Perpetrator Must Be Found Guilty Beyond A Reasonable Doubt |
| F 402.5 Inst 7 |
Clarification Of Ambiguous Language |
| F 402 Note 4 |
Requirement That Jury Find Target Offense To Have Been Committed |
| F 402 Note 6 |
Homicide Not A Natural And Probable Consequence Of A Gang Attack |
| F 402 Note 9 |
Aider And Abettor Liability: Guilt As To Target Crime |
| F 402 Note 10 |
Aider And Abettor’s Liability For Consequences: Application Of Merger (Ireland) Doctrine |
| F 402 Note 21 |
Natural And Probable Consequences: Should Not Be Used To Convict Defendant Of A Specific Intent Offense |
| F 402 Note 25 |
Knowledge That Accomplice Is Armed Is Factor To Consider On Issue Of Whether Homicide Was Foreseeable |
| F 521.5 Inst 2 |
CC 521 Erroneously Permits The Jury To Find Premeditation Based On An Intent To Kill That Was Formed During, Not Before, The Act Which Caused Death |
| F 521.9 Note 1 |
Second Degree Felony Murder Is Lesser Included (LIO) Of First Degree Malice Murder |
| F 540A.6 Inst 1 |
First Degree Felony Murder: Inapplicable To Burglary (PC 189 & PC 459) |
| F 540B.5 Inst 2 |
Co-Participant Language Erroneously Omitted From CC 540B |
| F 540B Note 1 |
Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—CALCRIM Cross References And Research Notes |
| F 540B Note 2 |
Clarification of Language When Defense Relies On Theory Of Withdrawal From Conspiracy |
| F 540C Note 1 |
Felony Murder: First Degree—Defendant Allegedly Committed Fatal Act—CALCRIM Cross References And Research Notes |
| F 560 Note 2 |
Provocative Act Murder: Shooting Of Gang Member As "Provocative Act" |
| F 560 Note 9 |
Provocative Act Murder: Defendant Must Personally Form Required Mental State For Murder |
| F 571 Note 18 |
Permissibility Of Involuntary Manslaughter Conviction In Voluntary Manslaughter Case |
| F 572 Note 2 |
CC 572 Is Applicable When Murder Charge Has Been Reduced To Voluntary Manslaughter |
| F 572 Note 8 |
Shooting At Person Does Not Necessarily Establish Intent To Kill (PC 192) |
| F 730.2 Inst 5 |
Felony Murder Special Circumstances Application Of Merger (Ireland) Doctrine (PC 190.2(a)(17)) |
| F 764 Note 5 |
Prior Violent Criminal Activity (PC 190.3(b)): Consideration Of Greater Uncharged Offense |
| F 767 |
Response To Juror Inquiry About Commutation Of Sentence In Death Penalty Case |
| F 820 Note 13 |
Child Abuse Resulting In Death: Merger Doctrine (Ireland) Precludes Conviction Of Second Degree Felony Murder (PC 273ab) |
| F 821.5 Inst 8 |
CC 821 Erroneously Replaces “Great Bodily Injury” With “Serious Injury” In Violation Of The Express Wording Of PC 273a(a) |
| F 1215 Note 5 |
Ireland Merger Doctrine Inapplicable To Kidnapping |
| F 1301.5 Inst 7 |
Stalking: Whether Conduct Is Constitutionally Protected Should Be A Discrete Element Of The Charge |
| F 1403 Note 17 |
Prejudicial Impact Of Gang Evidence In Non-Gang Case |
| F 2305.2 Inst 6 |
Temporary Possession Defense Applies Even Though The Contraband Was Abandoned/Discarded For The Purpose Of Concealment From The Police |
| F 2510.4 Inst 4 |
“Each Element” Language Should Be Removed As The Affirmative Defenses |
| F 2511.4 Inst 4 |
“Each Element” Language Should Be Removed As The Affirmative Defenses |
| F 2512.4 Inst 4 |
“Each Element” Language Should Be Removed As The Affirmative Defenses |
| F 2513.4 Inst 4 |
“Each Element” Language Should Be Removed As The Affirmative Defenses |
| F 2591.4 Inst 3 |
width=”495″>“Each Element” Language Should Be Removed As The Affirmative Defenses |
| F 3300 |
Basic Principles: Defenses And Defense Theories
I. Determining Who Has The Burden Of Proof As To A Defense
II. Defendant’s Right To Relate The Defense Theory To An Element Of The
Charge
III. Argumentative Instructions vs. Proper Pinpoint Instructions
IV. Improper To Instruct On Defense Burden To Produce Evidence Or To
Suggest That Defense Must "Raise" Or "Create" A Reasonable Doubt
V. Any Single Fact May Be Sufficient To Leave The Jury With A Reasonable
Doubt
VI. Judge’s Duty To Instruction On Defenses
VII. Neither Defendant’s Testimony Nor Affirmative Defense Evidence Is
Necessary For Instruction On Defense Theory
VIII. Defendant’s Testimony Constitutes Substantial Evidence Even If
Implausible And Seriously Contradicted
IX. Requested Instructions: Doubts Resolved In Favor Of Defendant
X. Right To Instruction Must Not Be Based On A Binary Choice Between
The Prosecution And Defense Evidence: Instruction On “Third Scenario”
May Be Appropriate
XI. Applicability To Sua Sponte And Requested Instructions
XII. Sua Sponte Duty Governed By Substantial Evidence Without Regard To
Source Or Credibility Of The Evidence |
| F 3404 Note 2 |
Duty To Instruct On Accident; Prejudice From Failure To So Instruct [Sample Briefing] |
| F 3475 Inst 6 |
Right To Eject A Trespasser Who Does Not “Pose A Threat” |
| F 3516 Note 3 |
Whether Instruction On Mutual Exclusivity Of Theft And Receiving Stolen Property Should Be Given? |
