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SERIES 300 EVIDENCE

A. General Instructions (300-306)

  • F 300 All Available Evidence (Case Law Discussing This Instruction)
    • F 300 Inst 1 Defense Has No Obligation To Call Any Witnesses
    • F 300 Inst 2 Production of All Evidence Not Required: Modification When The Prosecution Deprives The Defense Of Evidence
    • F 300 Inst 3 Inference From Fact That Witness Not Called
    • F 300 Inst 4 Weaker Or Less Satisfactory Evidence
    • F 300 Inst 5 (a-c) Production of All Evidence: Availability Of Witness To Prosecution
    • F 300 Inst 6 (a & b) Failure Of Prosecution To Have Informant Witness Available
    • F 300 Inst 7 Defense Not Obligated To Produce Evidence Or Call Witnesses
  • F 301 Single Witness’s Testimony
    • F 301 Inst 1 Single Witness May Leave Jurors With A Reasonable Doubt
    • F 301 Inst 2 (a-d) Missing Witness: Sample Instructions
    • F 301 Inst 3 CAVEAT: Use Of Missing Witness Instruction Against Defendant May Be Improper
    • F 301 Inst 4 “Reverse Missing Witness” Instruction When Witness Is Co-defendant Or Accomplice And Cannot Be Called By Defendant
    • F 301 Inst 5 Missing Witness Not A Substitute For Proof Of Specific Facts; Any Inference Is Permissive
    • F 301 Inst 6 (a & b) General Instruction That No Inference Should Be Drawn From Failure To Present Evidence
    • F 301 Inst 7 Necessity Of Addressing Missing Witness Inference, Even If No Instruction Is Given, To Avoid Negative Inferences
    • F 301 Inst 8 Missing Witness/Missing Evidence Instruction Where Prosecution Has Failed To Use Due Diligence To Maintain Contact With Witness
    • F 301 Inst 9 Weaker Or Less Satisfactory Evidence Offered By Prosecution: Consideration Of Power Of State To Gather And Produce Evidence
    • F 301 Inst 10 Missing Witness Instruction Should Not Be Used Against Defendant
    • F 301 Inst 11 No Missing Witness Inference As To Defendant Who Fails To Testify
    • F 301 Inst 12 “Reverse Missing Witness” Instruction Where Defendant Has No Obligation To Call Specific Witness
    • F 301 Inst 13 (a & b) All Available Evidence: Willful Suppression By Prosecution Or Government Agent
    • F 301 Inst 14 Single Witness: When Corroboration Required
    • F 301 Inst 15 Single Witness Testimony: Applicability To Out-Of-Court Declarant
  • F 301 NOTES
    • F 301 Note 1 Missing Witness Instruction For Informant: Necessity Of Prior Request For Disclosure
    • F 301 Note 2 When Neither Party Calls Missing Witness Who Is Equally Available
    • F 301 Note 3 Applicability Of Missing Witness Instruction To Police Officer Not Called By Prosecution
    • F 301 Note 4 Applicability Of Missing Witness Instruction When Prosecution Fails To Call Victim
    • F 301 Note 5 Less Satisfactory Evidence Instruction As Improper Comment On Defendant’s Failure To Testify
    • F 301 Note 6 Strategies For Resisting Missing Witness Instruction Or Argument Against Defendant
    • F 301 Note 7 Circumstances Which May Defeat The Missing Witness Inference
    • F 301 Note 8 No Missing Witness Inference If Witness Would Be Hostile
    • F 301 Note 9 Use Of Missing Witness Inference Against Defendant Who Has Burden To Prove Affirmative Defense
    • F 301 Note 10 Missing Witness Inference Must Be Proven Beyond A Reasonable Doubt Before Being Applied To Defendant
    • F 301 Note 11 Missing Witness Inference As Violation Of Confrontation
    • F 301 Note 12 Objection To Missing Witness/Missing Evidence Instruction Based On Time Limits Or Other Restrictions Placed On The Defense
    • F 301 Note 13 Missing Witness/Missing Evidence Instruction Should Not Be Given In Close Case
    • F 301 Note 14 Missing Witness Argument To Jury: Prior Approval Of Court Required
    • F 301 Note 15 Missing Witness Argument To Jury By Defendant
    • F 301 Note 16 Missing Witness: Same Concerns Apply To Argument As To Jury Instructions
    • F 301 Note 17 Testimony Of Single Witness: When Corroboration Required
    • F 301 Note 18 Corroboration Of Dog Tracking Evidence
    • F 301 Note 19 Single Witness: Insufficient To Sustain Perjury Charge
    • F 301 Note 20 Corroboration: Defendant’s Statements May Be Used As To Degree
    • F 301 Note 21 Sex Crimes: No Corroboration—No Error To Give CJ 10.60 (Now CC 1190) or CJ 2.27 (Now CC 301) (“Single Witness” Instruction)
  • F 302 Evaluating Conflicting Evidence (Case Law Discussing This Instruction)
    • F 302 Inst 1 Jurors Not Obligated To Resolve Conflict In Evidence
    • F 302 Inst 2 (a-d) Witnesses Should Not Be Presumed To Be Truthful; Defense Should Be “Favored”
    • F 302 Inst 3 Jurors Not To Disregard Testimony Of “Any Witness” Based On Prejudice Or Bias
    • F 302 Inst 4 Testimony May Leave Jurors With A Reasonable Doubt
    • F 302 Inst 5 Single Witness Testimony: Applicability To Out-Of-Court Declarant
    • F 302 Inst 6 Jurors Not Required To Resolve Evidentiary Conflicts; Conflict May Leave Juror With A Reasonable Doubt
    • F 302 Inst 7 Jurors Do Not Have To Resolve An Evidentiary Conflict In Favor Of Either The Prosecution Or The Defense At All
  • F 302 Notes
    • F 302 Note 1 Weighing Conflicting Testimony: Sua Sponte Duty To Instruct
    • F 302 Note 2 Failure To Give CJ 2.22 (Now CC 302): Prejudicial Error
  • F 303 Limited Purpose Evidence In General
    • F 303 Inst 1 (a-e) Evidence Limited As to Purpose: Generally
    • F 303 Inst 2 (a & b) Evidence Limited To One Or More Defendants
    • F 303 Inst 3 Consideration Of One Defendant’s Statement As Evidence Against That Defendant Only—Criminal Prosecution
    • F 303 Inst 4 Transcript Is Not Evidence: Instruction Should Be Repeated Whenever Recording Is Played
    • F 303 Inst 5 Exhibits Admitted For Limited Purpose—Repeating Limiting Instruction When Exhibits Given To Jury
    • F 303 Inst 6 Expert Opinion: Availability Of Limiting Instruction To Counter EC 352 Objection To Admission Of Expert Testimony
  • F 303 NOTES
    • F 303 Note 1 Limiting Instruction May Be Given Both During And After Trial
    • F 303 Note 2 Specification Of Limited Evidence
    • F 303 Note 3 Timing Of Limiting Instruction
    • F 303 Note 4 Consideration Of Limited—Purpose Evidence For Mitigation At Penalty Trial
    • F 303 Note 5 Mental State Evidence Limited To Mitigation
    • F 303 Note 6 Limiting Instruction When Mental State Evidence Admissible As To Aggravation
    • F 303 Note 7 Final Instructions Should Repeat The Cautionary Instructions Regarding Juror Questions To Witnesses
    • F 303 Note 8 Subsequent Change In Ruling Regarding Cautionary/Limiting Instruction May Constitute Unfair Surprise
  • F 304Multiple Defendants: Limited Admissibility Of Evidence
    • F 304 Inst 1 Admissibility Of Co-Conspirator Statements: When Not Admissible Against All Co-Defendants (PC 182)
  • F 305 Multiple Defendants: Limited Admissibility of Defendant’s Statement [No Forecite Entries On This Instruction]
  • F 306 Untimely Disclosure Of Evidence
    • F 306 Inst 1 Defense Has No Obligation To Present Evidence
    • F 306 Inst 2 Failure To Timely Produce Evidence (PC 1054.5 (b))
    • F 306 Inst 3 Failure To Provide Discovery Is Not Alone Sufficient To Convict
  • F 306 Notes
    • F 306 Note 1 Improper To Penalize Defendant For Counsel’s Discovery Violation
    • F 306 Note 2 Constitutional Challenge To Instruction Penalizing Defendant For Discovery Violation
    • F 306 Note 3 Argument Gambit: No Direct Inference Of Guilt Permitted
    • F 306 Note 4 Untimely Discovery: CJ 2.28 Disapproved
  • F 307B 314 Reserved
  • B. Witnesses: (I) Regarding Specific Testimony (315-320)
  • F 315 (Case Law Discussing This Instruction)
  • F 315.1 Eyewitness Identification
  • F 315.1 Eyewitness Identification: Honest Mistake—Pinpoint Instructions
  • F 315.1.1 Eyewitness Identification: General
    • F 315.1.1 Inst 1 Eyewitness Identification: No Duty To Decide
    • F 315.1.1 Inst 2 Eyewitness Factors Not Exclusive; No Undue Emphasis
    • F 315.1.1 Inst 3 (a-e) Eyewitness Identification Must Be Viewed With Caution
    • F 315.1.1 Inst 4 Eyewitness Identification: Identification Of Other Culprit Must Be Accurate
    • F 315.1.1 Inst 5 Eyewitness Identification: Relating Presumption Of Innocence To Defense Theory That Identification Is Inaccurate And/Or Untruthful
    • F 315.1.1 Inst 6 Eyewitness Identification: Instruction As Sanction For Loss Of Original Photographs
    • F 315.1.1 Inst 7 Eyewitness Identification: Presence At Scene Not Sufficient To Convict
    • F 315.1.1 Inst 8 Identification: Alternative Form
    • F 315.1.1 Inst 9 (a-e) In-Court Identification Must Be Independent Of Out-Of-Court Identification Procedures
    • F 315.1.1 Inst 10 Eyewitness Identification: How Jury Should Consider The Factors
    • F 315.1.1 Inst 11 Improper To Define Jurors Duties In Terms Of Deciding The Truth Based Only On Their Common Sense And Experience
    • F 315.1.1 Inst 12 Reference To The Identification As A “Choice” Of The Eyewitness Rather Than As An “Identification”
  • F 315.1.2 Eyewitness Identification: Honest Mistake
    • F 315.1.2 Inst 1 Eyewitness Identification: Honest Mistake Pinpoint Instructions
    • F 315.1.2 Inst 2 Eyewitness Identification: Honest Mistake [CC 3400 Pinpoint Format]
    • F 315.1.2 Inst 3 (a-c) Additional Honest Mistake Instructions
  • F 315.1.3 Eyewitness Identification: Specific Factors
    • F 315.1.3 Inst 1 (a-e) Certainty Of Eyewitness Is Not A Reliable Indicator Of Accuracy
    • F 315.1.3 Inst 2 (a-e) Eyewitness Factors: Cross-Racial Identification Increases Risk Of Mistake
    • F 315.1.3 Inst 3 (a-c) Eyewitness Factors: “Weapon Focus Effect”
    • F 315.1.3 Inst 4 (a & b) Eyewitness Factors: Age Differential
    • F 315.1.3 Inst 5 Eyewitness Failing To Attend Pretrial Lineup
    • F 315.1.3 Inst 6 Eyewitness Factors: Prior Failure To Identify Defendant—Identification Of Someone Else
    • F 315.1.3 Inst 7 Factors Not Specified In CC 315
  • F 315.1.4 Eyewitness Identification: Pinpoint Instructions
    • F 315.1.4 Inst 1 Eyewitness Identification: Honest Mistake [CC 3400 Pinpoint Format]
    • F 315.1.4 Inst 2 Eyewitness Identification: Honest Mistake/Certainty Not Reliable [CC 3400 Pinpoint Format]
    • F 315.1.4 Inst 3 Eyewitness Identification: Honest Mistake/Cross Racial [CC 3400 Pinpoint Format]
    • F 315.1.4 Inst 4 Eyewitness Identification: Honest Mistake/Weapon Focus [CC 3400 Pinpoint Format]
    • F 315.1.4 Inst 5 Eyewitness Identification: Honest Mistake/Age Differential [CC 3400 Pinpoint Format]
  • F 315.2 Identification: Voice
    • F 315.2 Inst 1 Factors to Consider In Proving Identity By Voice Identification
    • F 315.2 Note 1 Eyewitness Factors To Consider: Voice Identification
  • F 315.3 Identification: Voiceprint [Reserved]
  • F 315.4 Identification: Fingerprints [Reserved]
  • F 315.5 Identification: Footprints [Reserved]
  • F 315.6 Identification: DNA
    • F 315.6 Inst 1 Proposed Instruction On DNA Statistics
    • F 315.6 Inst 2 (a-c) DNA: Chain Of Custody As Preliminary Fact
    • F 315.6 Inst 3 DNA: Source Of Blood Sample As Preliminary Fact
    • F 315.6 Inst 4 DNA: Hair Or Blood Sample Comparison—Deposit By Perpetrator As Preliminary Fact
    • F 315.6 Inst 5 (a-b) DNA: Jury Alone Determines Weight
    • F 315.6 Inst 6 Random Match Probability Statistic
    • F 315.6 Inst 7 Preliminary Fact: Tendency In Reason Of Expert Testimony To Prove A Fact
    • F 315.6 Inst 8 DNA: Coincidental Inclusion Between Two Different People
    • F 315.6 Inst 9 DNA: Factors To Consider
  • F 315.6 NOTES
    • F 315.6 Note 1 Admissibility Of DNA Evidence
    • F 315.6 Note 2 Challenging DNA Evidence
    • F 315.6 Note 3 Post-Conviction Testing
    • F 315.6 Note 4 DNA: Improper To Assume Perpetrator’s Ethnicity
    • F 315.6 Note 5 DNA Genetic Profiles Based On Race Data
    • F 315.6 Note 6 DNA: Motion And Instruction Package
    • F 315.6 Note 7 DNA Research Notes
  • F 315.7 Identification: Handwriting [Reserved]
  • F 315.8 Identification: Hair [Reserved]
  • F 315.9 Identification: Ballistics [Reserved]
  • F 315.10 Identification: Dog Tracking
    • F 315.10 Inst 1 Language Clarification
    • F 315.10 Inst 2 (a & b) Dog Tracking Identification: Use Of Scent Transfer Unit
    • F 315.10 Inst 3 Identification: Dog Tracking—Additional Factors
    • F 315.10 Note 1 Dog Tracking Instruction: Inapplicable To Dog Sniffing
    • F 315.10 Note 2 Dog Scent Identification And Scent Transfer Unit (STU) Evidence: Subject To Kelly Rule Analysis
  • F 315 NOTES
    • F 315 Note 1 Eyewitness Identification: Importance Of Early Preparation And Total-Case Strategy
    • F 315 Note 2 Burden Of Proving Identity: No Sua Sponte Duty
    • F 315 Note 3 Eyewitness Factors: Suggestive ID Procedure
    • F 315 Note 4 Eyewitness Factors: Due Process Challenge Rejected
    • F 315 Note 5 Eyewitness Factors Must Be Requested
    • F 315 Note 6 Eyewitness Testimony Subject To Daubert Rule
    • F 315 Note 7 Eyewitness Instruction Should Not Explain Factors
    • F 315 Note 8 Resource For Eyewitness Testimony Material
    • F 315 Note 9 Does Specific Instruction On Identification Increase The Rate Of Conviction?
    • F 315 Note 10 Eyewitness Factors: Reference To Psychological Studies During Argument
    • F 315 Note 11 Department Of Justice Guidelines On Eyewitness Identification Procedures
    • F 315 Note 12 Failure To Request Expanded Eyewitness Instructions As Ineffective Assistance Of Counsel
    • F 315 Note 13 Juror Misconceptions Regarding Cross-Racial Identification
    • F 315 Note 14 Eyewitness Identification: Death Penalty Should Not Be Imposed Where Guilt Is Based Solely On Testimony Of A Single Eyewitness
    • F 315 Note 15 Eyewitness Expert (McDonald): Exclusion Justified Only When Other Evidence “Substantially Corroborates” The Identification
    • F 315 Note 16 Improper To Comment On Failure Of Defense To Request A Lineup
    • F 315 Note 17 Failure To Give CJ 2.91 (Now CC 315) As Reversible Error
    • F 315 Note 18 New Jersey Supreme Court Issues Major Decision On Eyewitness Identifications
    • F 315 Note 19 The Manson v. Brathwaite (1977) 432 US 98 Test Needs to Be Revised
    • F 315 Note 20 Factors Affecting Reliability Of Eyewitness Identification
    • F 315 Note 21 Eyewitness: Need For “Enhanced” Jury Instructions
  • F 316 Additional Instructions On Witness Credibility—Other Conduct (Case Law Discussing This Instruction)
    • F 316(& A) Inst 1 (a-c) Prior Felony: Preliminary Fact Determination
    • F 316(& A) Inst 2 Jury Must Consider Felony Conviction
    • F 316(& A) Inst 3 Jury To Decide The Weight, “If Any,” Of The Prior Conviction
    • F 316(¶ A) Inst 4 Defendant’s Testimony: Impeachment By Prior Conviction
    • F 316(¶ A) Inst 5 Credibility of Witness: Applicability To Out-Of-Court Statements
    • F 316(¶ A) Inst 6 Impeachment Of Defendant By Prior Conviction: Explanatory Instruction Regarding Defendant’s Failure To Reveal The Conviction On Direct Examination
  • F 316(¶ A). NOTES
      • F 316(¶ A) Note 1 Defendant’s Testimony: Impeachment By Prior Conviction — Ineffective Counsel For Failure To Request
      • F 316(¶ A) Note 2 Cautionary Instruction Regarding Impeachment By Prior Felony Conviction Not Required Sua Sponte
      • F 316(¶ A) Note 3 Uncharged Act: Relevance Must Be Specified When Case Also Involves Impeachment With Prior
      • F 316(¶ A) Note 4 Applicability To Prosecution Witness
      • F 316(¶ A) Note 5 Moral Turpitude Finding Must Be Made By Judge
      • F 316(¶ A) Note 6 Prejudicial Impact Of Prior Conviction Used To Impeach Defendant’s Testimony
      • F 316(¶ A) Note 7 Moral Turpitude Properly Defined In Terms Of “Readiness To Do Evil”

     

    • F 316(¶ B) Inst 1 (a-c) Prior Criminal Conduct With Or Without Conviction: Preliminary Fact Determination
    • F 316(¶ B) Inst 2 Jury Must Consider Prior Criminal Conduct
    • F 316(¶ B) Inst 3 Jury To Decide The Weight, “If Any,” Of The Prior Criminal Conduct
    • F 316(¶ B) Inst 4 Instruction Should Be Limited To Misdemeanor Conduct
  • F 317 Former Testimony Of Unavailable Witness
    • F 317 Inst 1 Prior Statement Of Deceased Declarant In Gang Case
  • F 317 Notes
    • F 317 Note 1 Weighing Transcript Testimony: Sua Sponte Duty To Instruct
    • F 317 Note 2 Unavailability Of Witness
    • F 317 Note 3 Witness Credibility: Inability To Cross-Examine Out-Of-Court Declarant’s Statements
  • F 318 Prior Statements As Evidence (Case Law Discussing This Instruction)
    • F 318 Inst 1 Witness Evaluation Should Focus On Truth And Accuracy
    • F 318 Inst 2 (a-c) Preliminary Factual Finding As To Timing Of Prior Consistent Statement
    • F 318 Inst 3 (a-c) Prior Consistent Or Inconsistent Statements: If Witness No Longer Remembers Events, Then Jury Should Disregard Extrajudicial Statements Regarding Those Events
    • F 318 Note 1 Prior Inconsistent Statement (EC 1235): Only Admissible As To Witnesses Who Testify At Trial
    • F 318 Note 2 Prior Statements When Witness Claims To No Longer Remember
  • F 319 Prior Statements of Unavailable Witness
    • F 319 Inst 1 (a-f) Specification Of Preponderance Standard For Foundational Fact
    • F 319 Inst 2 Prior Statements of Unavailable Witness: No Duty To Decide; Truth And Accuracy Should Be Considered
  • F 320 Exercise Of Privilege By Witness
    • F 320 Inst 1 (a & b) Denial Of Immunity By Prosecution: Explanatory Instruction
    • F 320 Inst 2 When Witness Seeks To Conceal Falsity Of Prior Testimony
    • F 320 Inst 3 (a & b) Exercise Of Privilege: No Presumption As To Any Matter At Issue
    • F 320 Inst 4 Cautionary Instruction When Witness Exercises Privilege Outside Of The Presence Of The Jury
  • F 320 Notes
    • F 320 Note 1 When Witness Refuses To Testify Outside The Presence Of The Jury
    • F 320 Note 2 Witness Refusal To Testify: Informing The Jury
    • F 320 Note 3 Privilege Against Self-Incrimination: Applicability To Those Who Claim Innocence
    • F 320 Note 4 Available Sanction Short Of Striking Testimony
  • F 321B 329 Reserved
  • (II) Particular Types Of Witnesses (330-337)
  • F 330 Testimony Of Child 10 Years Of Age Or Younger
    • F 330 Inst 1 Testimony of Child: Witness Evaluation Should Focus On Truth And Accuracy
    • F 330 Inst 2 Testimony Of A Child: Cautionary Instruction
    • F 330 Inst 3 Evaluation Of Witness Believability: Applicability To Out-Of-Court Declarant
    • F 330 Inst 4 Improper To Define Jurors Duties In Terms Of Deciding The Truth Based Only On Their Common Sense And Experience
    • F 330 Note 1 Testimony of Child 10 Years of Age or Younger: CALCRIM Cross References And Research Notes
    • F 330 Note 2 Child Witness Instruction: Due Process And Equal Protection Challenges
  • F 331 TESTIMONY OF PERSON WITH DEVELOPMENTAL, COGNITIVE, OR MENTAL DISABILITY (Case Law Discussing This Instruction)
    • F 331 Inst 1 Witness Evaluation Should Focus On Truth And Accuracy
    • F 331 Inst 2 Witness With Mental Disability: Cautionary Instruction
    • F 331 Inst 3 Evaluation Of Witness Believability: Applicability To Out-Of-Court Declarant
    • F 331 Note 1 Testimony of Person With Developmental, Cognitive, or Mental Disability: CALCRIM Cross References And Research Notes
    • F 331 Note 2 Witness With Developmental, Cognitive, or Mental Disability: Due Process And Equal Protection Challenges
  • F 332 Expert Witness Testimony (Case Law Discussing This Instruction)
    • F 332 Inst 1 Jurors Not Required To “Decide” Truth And Accuracy Of Information Relied Upon By Expert
    • F 332 Inst 2 Cautionary Instruction Regarding Juror Use Of Common Sense And Experience To Trump Expert Opinion
    • F 332 Inst 3 (a & b) Court-Appointed Expert Should Be Treated The Same As Any Other
    • F 332 Inst 4 Expert Witness: Opinion Only As Good As Foundational Facts
    • F 332 Inst 5 Consideration Of Reasonableness Of Reliance On Information From Others
    • F 332 Inst 6 Consideration Of Expert’s Qualifications
    • F 332 Inst 7 (a-d) Deletion Of The Term “Expert” From Expert Witness Instruction
    • F 332 Inst 8 Juror Claim Of Personal Expertise During Deliberations
    • F 332 Inst 9 Expert Witness: Weighing One Expert Against Another
    • F 332 Inst 10 Opinion Testimony: Inadmissible As To Definition Of The Crime Or Defendant’s Guilt Or Innocence
    • F 332 Inst 11 Failure Of Defendant To Call Expert Witness
    • F 332 Inst 12 Explanatory Instruction Regarding Receipt Of Monetary Fee By Expert Witness
    • F 332 Inst 13 Expert Testimony: Not Admissible Regarding Reasonable Person Standard (Objective Reasonableness)
    • F 332 Inst 14 Expert Opinion: Availability Of Limiting Instruction To Counter EC 352 Objection To Admission Of Expert Testimony
    • F 332 Inst 15 Hypothetical Questions: Improperly Placing Burden On Defendant To Prove Hypotheticals
    • F 332 Inst 16 Limiting Instruction When Expert Relies On Hearsay
    • F 332 Inst 17 Reliability Of Foundational Fact Relied On By Expert As Preliminary Fact: Guilt Trial
  • F 332 NOTES
    • F 332 Note 1 Duty To Instruct Even If Witness Not Formally Designated An Expert
    • F 332 Note 2 Sua Sponte Duty To Limit Child Abuse Expert Testimony
    • F 332 Note 3 Expert Witnesses: Expert Qualification
    • F 332 Note 4 Expert Testimony: When Permissible
    • F 332 Note 5 Expert Witnesses: Bias Of Police Witness Re: Forfeiture
    • F 332 Note 6 Limitations On Expert Testimony Regarding Gangs: Admissibility Of Gang Expert Evidence
    • F 332 Note 7 Expert Testimony As To Combined Effects Of Alcohol And Cocaine
    • F 332 Note 8 Expert Witnesses: DNA Issues And Instructions
    • F 332 Note 9 Expert Witnesses: Impact Of Daubert
    • F 332 Note 10 Failure To Give Expert Instruction Held Harmless
    • F 332 Note 11 “Drug Involvement Profile” Evidence Inadmissible As Substantive Proof Of Guilt
    • F 332 Note 12 Expert Witnesses: Kelly-Frye Analysis Inapplicable To Expert Psychiatric Or Psychological Testimony
    • F 332 Note 13 Expert Testimony: Improper Prosecutorial Comment On Failure Of Expert To Testify Regarding Whether Defendant Did Or Did Not Have Required Mental State As Misconduct
    • F 332 Note 14 Whether Kelly Rule Of Admissibility Is Applicable To Psychiatric And Psychological Testimony
    • F 332 Note 15 Challenging Admission Of Recovered Memory (Repressed Memory Syndrome)
    • F 332 Note 16 Confessions And Admissions: Expert Testimony Regarding Defendant’s Language/Communication Difficulties To Explain Discrepancies Between Statements To Police And Defendant’s Version
    • F 332 Note 17 Expert Testimony: Improper Profile Evidence
    • F 332 Note 18 Improper To Characterize Prosecution Witness As Fingerprint “Expert”
    • F 332 Note 19 Opinion Testimony In Sex Cases: Appellate Counsel Should Be Especially Alert To The Improper Admission Of Opinion Testimony By Sexual Assault Response Team Nurses
    • F 332 Note 20 Expert Testimony In Sex Cases: Although The Prosecution Can Present Expert Testimony To Disabuse Jurors Of Myths Which They May Believe, Such Testimony May Not Be Used As Substantive Evidence Of Guilt
    • F 332 Note 21 Whether Reliability Of Polygraph May Be Proven Under Kelly
    • F 332 Note 22 Challenging Prosecution Forensic Evidence
    • F 332 Note 23 Challenge To Expert Handwriting Comparison
    • F 332 Note 24 Admissibility Of Expert Testimony That Alleged Victim Does Not Exhibit Symptoms Of Molestation
    • F 332 Note 25 Hypothetical Questions: Improper If “Divorced From The Evidence”
    • F 332 Note 26 Statements By Defendant To Expert Not Admissible For The Truth
    • F 332 Note 27 Theoretical Expert Conclusion Is Not Substantial Evidence
    • F 332 Note 28 Expert May Not Reveal Content Of Reports Prepared By Nontestifying Experts
  • F 333 Opinion Testimony Of Lay Witness (Case Law Discussing This Instruction)
    • F 333 Inst 1 Jury Not Required To “Decide” Whether Information Relied Upon By Witness Was True And Accurate
    • F 333 Inst 2 (a-c) Lay Opinion Re: Intoxication: Preliminary Fact Requirement
    • F 333 Inst 3 (a-c) Lay Opinion: Personal Observation As Foundational Requirement
  • F 333 Notes
    • F 333 Note 1 Lay Opinion: Forgetfulness Of Accused On Issue Of Willfulness
    • F 333 Note 2 Lay Opinion: Shoe Prints (EC 800)
    • F 333 Note 3 Lay Opinion: Veracity Of Other Witness
  • F 334 Accomplice Testimony Must Be Corroborated: Dispute Whether Witness Is Accomplice(Case Law Discussing This Instruction)
    • F 334 Inst 1 Precluding Jury From Arbitrarily Disregarding Accomplice Testimony Creates An Improper Presumption Of Truthfulness
    • F 334 Inst 2 (a & b) Jury Not To Consider Guilty Plea Of Accomplice
    • F 334 Inst 3 An Accomplice Is Person Subject To Prosecution At The Time The Acts Were Committed
    • F 334 Inst 4 Jury Must Treat Accomplice Testimony With Greater Care and Caution Than Ordinary Witness
    • F 334 Inst 5 Late-Joining Accomplice
    • F 334 Inst 6 Burden To Prove Corroborating Witness As An Accomplice: Jury May Rely On Prosecution Evidence
    • F 334 Inst 7 Accomplice Corroboration: Jury Must Be Satisfied That Accomplice Is Telling The Truth
    • F 334 Inst 8 Informing Jurors As To Why Accomplice Testimony Should Be Viewed With Caution
    • F 334 Inst 9 (a & b) Cautionary Instruction Re: Finding Accomplice Under Preponderance Of Evidence Standard And Finding Same Facts As To Defendant Beyond A Reasonable Doubt
    • F 334 Inst 10 Clarification Of Confusing Language
  • F 334 NOTES
    • F 334 Note 1 Accomplice As One Who Directly Committed The Crime
    • F 334 Note 2 Failure To Instruct On Accomplice Corroboration: Standard Of Prejudice
    • F 334 Note 3 Accomplice Corroboration: Inapplicable To Accomplice Testimony In Probation Revocation Proceedings
    • F 334 Note 4 Failure To Give Accomplice Instructions Held Harmless Error
    • F 334 Note 5 Failure To Require Accomplice Corroboration: Reversible Error
    • F 334 Note 6 Instruction That One Accomplice Cannot Corroborate Another Not Required Sua Sponte
    • F 334 Note 7 Testimony Of Co-Defendant Accomplice To Be Viewed With Caution
    • F 334 Note 8 Whether Failure To Give Accomplice Instruction Constitutes Structural Error Under The Federal Constitution
    • F 334 Note 9 Accomplice Corroboration: Objection At Trial Required
    • F 334 Note 10 Due Process Underpinnings Of Accomplice Cautionary Instruction
    • F 334 Note 11 Burden Of Proving Corroborating Witness Is An Accomplice: Constitutional Challenge
    • F 334 Note 12 CC 336 And CC 337 Should Be Given For “In Custody” Accomplice
  • F 335 Accomplice Testimony: No Dispute Whether Witness Is Accomplice
    • F 335 Inst 1 Precluding Jury From Arbitrarily Disregarding Accomplice Testimony Creates An Improper Presumption Of Truthfulness
    • F 335 Inst 2 “Tends To Incriminate” Language As Improper Comment On The Evidence
    • F 335 Inst 3 No Reference To The Term “Accomplice”
    • F 335 Inst 4 Accomplice Corroboration: Jury Must Be Satisfied That Accomplice Is Telling The Truth
  • F 335 Notes
    • F 335 Note 1 Accomplice As Matter Of Law: Improper Implication Of Conspiracy
    • F 335 Note 2 Accomplice As A Matter Of Law: Test For Determining
    • F 335 Note 3 Accomplice As A Matter Of Law: Directed Verdict That Defendant Is Perpetrator
    • F 335 Note 4 Accomplice As A Matter Of Law: CC 335 Must Be Given
  • F 336 In-Custody Informant
    • F 336 Inst 1 (a & b) Precluding Jurors From Arbitrarily Disregarding In-Custody Informant Testimony Creates An Improper Presumption Of Correctness
    • F 336 Inst 2 (a & b) Cautionary Instruction: Benefits Conferred Upon Informer/Testimony Of Addict Informer
    • F 336 Inst 3 Cautionary Instruction: Testimony Of Paid Informer
    • F 336 Inst 4 Cautionary Instruction: Information Received From Sources Who Are The Focus Of Charges Or Investigation
  • F 336 Notes
    • F 336 Note 1 Meaning Of “In-Custody” Informant (PC 1127a)
    • F 336 Note 2 In-Custody Informant: Actual Imprisonment Not Required (PC 1127a)
    • F 336 Note 3 In-Custody Informant: Modification Of CALCRIM 336 (PC 1127a)
    • F 336 Note 4 In-Custody Informant: Payments Limited To $50 (PC 1127a)
    • F 336 Note 5 Informant Not In Custody (PC 1127a)
    • F 336 Note 6 Juvenile Informants: Limitation On Use
    • F 336 Note 7 Inquiry Into Nature Of Informant’s Sentence
    • F 336 Note 8 Informant: Prosecution Must Disclose All Information Relevant To Credibility
  • F 337 Witness In Custody Or Physically Restrained
    • F 337 Inst 1 (a-c) Cautionary Instruction Regarding Physical Restraints
    • F 337 Inst 2 (a-d) Shackling Or Physical Restraint Of Defense Witness: Propriety/Cautionary Instructions
    • F 337 Inst 3 (a & b) Cautionary Instruction Regarding Shackling and Courtroom Security
  • F 337 Notes
    • F 337 Note 1 Courtroom Security And Physical Restraints Distinguished
    • F 337 Note 2 Courtroom Security: Necessity Of Repeating Presumption Of Innocence
  • F 338B 349 Reserved
  • C. Character Evidence (350-351)
  • F 350 Character Of Defendant
    • F 350 Inst 1 Jurors Must Consider Good Character Evidence
    • F 350 Inst 2 Use Of The Phrase “Create A Reasonable Doubt” Erroneously Implies A Defense Burden
  • F 350 Notes
    • F 350 Note 1 Character Evidence: Right To Expert Testimony
    • F 350 Note 2 Admission Of Irrelevant Character Evidence Violates Federal Due Process
    • F 350 Note 3 Character Evidence: Good Character Evidence May Not Be Rebutted With Prior Convictions
    • F 350 Note 4 Character Evidence: The Defense Should Be Permitted To Present Expert And Lay Opinion Testimony That The Defendant Does Not Have The Character Of A Sexual Assailant
  • F 351 Cross-Examination Of Character Witness
    • F 351 Inst 1 (a-e) Good Character Of Defendant: Limitation On Jury’s Consideration Of Rebuttal Witnesses Offered By Prosecution
    • F 351 Inst 2 (a & b) Impeachment Of Witness By Evidence Of Untruthful Character Or Reputation
  • F 351 Notes
    • F 351 Note 1 Assaultive Character Of Victim
    • F 351 Note 2 Rebuttal Of Defendant’s Good Character Evidence With “Have You Heard” Questions
  • F 352B 354 Reserved
  • D. Defendant’s Testimony And Statements (355-362)
  • F 355 Defendant’s Right Not To Testify (Case Law Discussing This Instruction)
    • F 355 Inst 1 Defendant Need Not “Argue” A Failure Of Proof By The Prosecution
    • F 355 Inst 2 No Adverse Inference From Self-Representation By The Defendant
    • F 355 Inst 3 Jurors To Disregard Non-Testifying Defendant’s Courtroom Appearance, Conduct And Demeanor
    • F 355 Inst 4 Jury May Not Consider Non-Testifying Defendant’s Courtroom Appearance, Conduct Or Demeanor To Find Lack Of Remorse In Capital Trial
    • F 355 Inst 5 Jury May Only Consider Testifying Defendant’s Demeanor, Conduct Or Appearance While He/She Is Testifying And Only As To Matters At Issue
    • F 355 Inst 6 Defendant May Rely On State Of Evidence
  • F 355 Notes
    • F 355 Note 1 Failure Of Defendant To Testify: No Sua Sponte Duty; Waiver For Strategic Purposes
    • F 355 Note 2 Failure Of Defendant To Testify: Whether Omission Of Instruction Can Be Harmless Error
    • F 355 Note 3 Failure Of Defendant To Testify: 5th Amendment Privilege Against Self-Incrimination Not Available As To Prosecution By A Foreign Nation
    • F 355 Note 4 Consideration Of Defendant’s Medication, Culture, Etc. In Evaluating Demeanor At Trial
    • F 355 Note 5 Whether Instructions Against Drawing Inference From Defendant’s Failure To Testify Should Be Given When Defendants Disagree
  • F 356 Miranda-Defective Statements
    • F 356 Inst 1 Standard Of Proof For Foundational Fact
    • F 356 Inst 2 Unrecorded Oral Statement “Of Defendant” Should Be Viewed Cautiously
    • F 356 Inst 3 Prior Inconsistent Statement Of Defendant In Violation Of Miranda
  • F 356 Notes
    • F 356 Note 1 Un-Mirandized Statement: Sua Sponte Limiting Instructions
    • F 356 Note 2 Coerced Or Involuntary Statements Not Admissible for Impeachment
    • F 356 Note 3 Un-Mirandized Statements: Admissible For Impeachment
    • F 356 Note 4 Un-Mirandized Statement: Introduction By Prosecution To Impeach
  • F 357 Adoptive Admissions (Case Law Discussing This Instruction)
    • F 357 Inst 1 Adoptive Admissions: Standard Of Proof For Preliminary Facts
    • F 357 Inst 2 Adoptive Admissions: Consideration Of Defendant’s Intoxication
    • F 357 Inst 3 (a-d) Adoptive Admission: Circumstances Must Have Warranted A Response
    • F 357 Inst 4 (a & b) Inference From Pretrial Silence: Preliminary Fact Determination As To Fifth Amendment Privilege Against Self Incrimination
    • F 357 Inst 5 Adoptive Admissions: Jurors Are “Exclusive Judges” Of Whether Statement Was Made And Whether It Was True
    • F 357 Inst 6 (a & b) Adoptive Admissions Must Be Viewed With Caution
    • F 357 Inst 7 (a & b) Non-CALCRIM Preliminary Facts: Personal Knowledge Of Facts
    • F 357 Inst 8 (a & b) Non-CALCRIM Preliminary Fact: Freedom To Speak Spontaneously
    • F 357 Inst 9 (a & b) Non-CALCRIM Preliminary Fact: Matter In Controversy When The Statement Was Made
    • F 357 Inst 10 Adoptive Admission: Requirement That The Conversation Be “Private”
    • F 357 Inst 11 Adoptive Admissions: Limiting Instruction Re: Statements Of Others
  • F 357 NOTES
    • F 357 Note 1 Adoptive Admission: Distinction Between Pre-Arrest And Post-Arrest Silence
    • F 357 Note 2 Adoptive Admissions: Doyle Error Predicated On Inference Or Innuendo
    • F 357 Note 3 Comment On Defendant’s Post-Arrest, Pre-Miranda Silence As Doyle Error Even If Defendant Later Waives The Privilege
    • F 357 Note 4 Comment On Defendant’s Post-Arrest Demeanor As Doyle Error
    • F 357 Note 5 Adoptive Admission Instruction Required On Request But Not Sua Sponte
    • F 357 Note 6 Adoptive Admissions: Applicability To Group Interview Situation
    • F 357 Note 7 Adoptive Admission—Not Applicable To Exercise Of Fifth Amendment
  • F 358 Evidence Of Defendant’s Statements (Case Law Discussing This Instruction)
    • F 358 Inst 1 (a-c) Specification Of Burden Of Proof Re: Preliminary Facts
    • F 358 Inst 2 (a & b) Confessions And Admissions: When Exculpatory Statements Included
    • F 358 Inst 3 Statements Of The Defendant May Be Disregarded
    • F 358 Inst 4 (a & b) Statements Of Defendant: Factors To Consider
    • F 358 Inst 5 (a-d) Defendant’s Statements: Consideration Of Psychological And/Or Physical Coercion, Etc.
    • F 358 Inst 6 Jury Need Not Give All Parts Of Defendant’s Statement Equal Weight
    • F 358 Inst 7 Inculpatory Statement Of One Defendant In Multi-Defendant Trial
    • F 358 Inst 8 Defense Theory That Confession Or Admission Was The Result Of Specific Threats From Others
    • F 358 Inst 9 Statement Of Defendant On Essential Fact: Disregard Unless Knowing And Voluntary Beyond A Reasonable Doubt
    • F 358 Inst 10 Defense Theory That Mental Impairment Caused Defendant To Make A False Confession
    • F 358 Inst 11 When Some Statements Are Recorded Or Written And Others Are Not
    • F 358 Inst 12 Vienna Convention
    • F 358 Inst 13 Unrecorded Statements To Undercover Police Agent Must Be Viewed With Caution
    • F 358 Inst 14 Modification When Record Includes Both “Verbal Acts” And “Admissions”
    • F 358 Inst 15 Consideration Of Intoxication Regarding Voluntariness And Trustworthiness Of Defendant’s Statements
    • F 358 Inst 16 Defendant’s Statements: Consideration Of Defendant’s Age
  • F 358 NOTES
    • F 358 Note 1 Applicability To Admissions Not Offered For The Truth Of The Matter Asserted
    • F 358 Note 2 Prejudicial Effect Of Failure To Caution About Defendant’s Statement
    • F 358 Note 3 Cautionary Instruction Applies To Statements Made Before, During, Or After The Crime
    • F 358 Note 4 Defense Objection To Preclude Cautionary Instruction As To Defendant’s Statements
    • F 358 Note 5 Confession Of Co-Defendant: Inability Of Instruction To Limit Or Cure Prejudice
    • F 358 Note 6 Confessions And Admissions: Expert Testimony Regarding Defendant’s Language/Communication Difficulties To Explain Discrepancies Between Statements To Police And Defendant’s Version
    • F 358 Note 7 Exclusion Of Inculpatory Statement By Third Party As Hearsay: Due Process Violation
    • F 358 Note 8 Death Penalty Trial: Statements Of Defendant—Cautionary Instruction Should Only Be Given On Request
    • F 358 Note 9 Statements Produced By Physical Violence Is Per Se Involuntary
    • F 358 Note 10 CC 358 Should Not Be Given At Penalty Trial
    • F 358 Note 11 Confessions: Deliberately Eliciting From Defendant Who Has Been Charged
    • F 358 Note 12 Cautionary Instruction On Defendant’s Statements Should Not Be Given Where Defendant’s Words Constitute The Crime
    • F 358 Note 13 Defendant’s Unrecorded Out-Of-Court Statement: Sua Sponte Requirement
    • F 358 Note 14 Applicability Of Aranda/Bruton To Declarations Against Penal Interest
    • F 358 Note 15 Age Is Relevant To Determining Whether A Minor Is In Custody For Miranda Purposes
  • F 359 Corpus Delicti: Independent Evidence Of A Charged Crime (Case Law Discussing This Instruction)
    • F 359 Inst 1 Corpus Delicti: Unanimity Requirement
    • F 359 Inst 2 Corpus Delicti: Jurors Must Find Independent Evidence As To All Elements Of The Charged Offense
    • F 359 Inst 3 Corpus Delicti: Prosecution Must Proof Every Essential Fact And Element Beyond A Reasonable Doubt
    • F 359 Inst 4 Admissions And Corpus Delicti: Jurors Are “Exclusive Judges” Of Whether Statement Was Made And Whether It Was True
    • F 359 Inst 5 Corpus Delicti: Applies To Specific Intent And Mental Elements
    • F 359 Inst 6 Proof Of Corpus Delicti: Prior Offenses
  • F 359 Notes
    • F 359 Note 1 Corpus Delicti: Error To Refuse CC 359
    • F 359 Note 2 Failure To Require Corroborating Evidence Of Corpus Reversible Error
    • F 359 Note 3 Applicability of Corpus Rule to Felony Which Underlies a Felony Murder Charge
    • F 359 Note 4 Applicability Of Apprendi To Corpus Rule [Reserved]
    • F 359 Note 5 Corpus Delicti: Impact Of Proposition 8
    • F 359 Note 6 Corpus Rule Not Applicable To Administrative Proceeding
    • F 359 Note 7 Corpus Delicti Requirement Inapplicable To Statements Which Constitute The Crime Itself
    • F 359 Note 8 Corpus Instruction: Inapplicable To Sentencing Enhancements
  • F 359 Revision History and Commentary
  • F 360 Statements To An Expert
    • F 360 Inst 1 Use Of The Term “Expert” As Improper Comment On The Evidence
    • F 360 Inst 2 Jurors Must Not Speculate About Truth Of Statements Relied On By Expert
  • F 361 Failure To Explain Or Deny Adverse Testimony (Case Law Discussing This Instruction)
    • F 361 Inst 1 Failure To Explain Or Deny, “If Any”
    • F 361 Inst 2 Prosecution Must Prove Every Essential Fact Beyond A Reasonable Doubt
    • F 361 Inst 3 Failure To Deny Or Explain: Applicability To All Witnesses
    • F 361 Inst 4 Failure To Deny Or Explain: Limitation To Testifying Defendant
    • F 361 Inst 5 Contradiction Is Not Failure To Explain
    • F 361 Inst 6 Failure To Deny Or Explain Applies To “Important” Evidence
    • F 361 Inst 7 Failure To Deny Or Explain: Defendant Must Have Knowledge Of Basis For Denying Or Explaining
  • F 361 Notes
    • F 361 Note 1 Failure To Explain Or Deny: Implausible Explanation
    • F 361 Note 2 Failure To Explain Or Deny: Constitutional Challenge
    • F 361 Note 3 Defendant Testifying: Privilege Against Self-Incrimination Is Not Waived As To Unrelated Pending Criminal Charges
    • F 361 Note 4 Improbable Explanation Does Not Justify Instruction
    • F 361 Note 5 Judge Should Be “Extremely Cautious” Before Giving Failure To Explain Or Deny Instruction
    • F 361 Note 6 Failure To Deny Or Explain Evidence Must Relate To A “Specific And Significant Defense Omission”
  • F 362 Consciousness Of Guilt: False Statements (Case Law Discussing This Instruction)
  • F 362.1 False Statements: Preliminary Fact Instructions
    • F 362.1 Inst 1 Title Modification In Light Of Preliminary Facts
    • F 362.1 Inst 2 (a & b) False Statements: Falsehood—Requisite Preliminary Facts
    • F 362.1 Inst 3 False Statement Must Be Willful Or Deliberate
    • F 362.1 Inst 4 (a & b) False Statements Must Not Be Intended To Deflect Suspicion From Defendant And Not To Protect Another
    • F 362.1 Inst 5 (a & b) False Statements Must Relate To Charged Crime
    • F 362.1 Inst 6 (a & b) False Statements Must Occur After The Charged Crime
    • F 362.1 Inst 7 (a-c) False Statements Must Be Inconsistent With Testimony
    • F 362.1 Inst 8 False Statements By Others Than Defendant
    • F 362.1 Inst 9 False Statements: Defense Objection Precludes Instruction Which Benefits Defendant
  • F 362.2 False Statements: Limiting Instructions
    • F 362.2 Inst 1 Falsehood: May Show That Defendant Thought He Or She Had Done Something Wrong Or Had “Feelings Of Guilt” —Not That Defendant Was “Aware Of His Or Her Guilt”
    • F 362.2 Inst 2 Falsehood: Inapplicable To Nature Or Degree Of Guilt
    • F 362.2 Inst 3 False Statements Not Applicable To All Charged Offenses
    • F 362.2 Inst 4 False Statements: Limitation To Applicable Co-Defendant
    • F 362.2 Inst 5 False Statements: Jury Not To Consider False Statement Of Uncharged Accomplice As To Defendant
    • F 362.2 Inst 6 Consciousness of Guilt Only Applicable To False Statements Made Before Trial
  • F 362.3 False Statements: Cautionary Instructions
    • F 362.3 Inst 1 False Statements: Prosecution Must Still Prove Every Essential Fact Beyond A Reasonable Doubt
    • F 362.3 Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
    • F 362.3 Inst 3 False Statements: Probative Value Reduced By Passage Of Time
    • F 362.3 Inst 4 False Statements: “Feelings Of Guilt” Do Not Reflect Actual Guilt
  • F 362.4 Falsehood: Reverse Instructions
    • F 362.4 Inst 1 Absence Of Falsehood
    • F 362.4 Inst 2 Falsehood—Application To Third Party
    • F 362.4 Inst 3 Falsehood—By The Police Or Prosecution
    • F 362.4 Inst 4 Falsehood—Attempted By The Police Or Prosecution
  • F 362 NOTES
    • F 362 Note 1 False Statements: Arbitrary Inference As Denial Of Due Process
    • F 362 Note 2 Inapplicable To False Statements Which Violate Miranda
    • F 362 Note 33 False Statements Must Relate To Defendant’s Criminal Liability
    • F 362 Note 4 CC 362 Inappropriate Where Defendant Later Confesses
    • F 362 Note 5 False Statements Only Applicable To Collateral Facts Or Incredible Statements
    • F 362 Note 6 False Statement Instruction As Prosecution Pinpoint Instruction
    • F 362 Note 7 Defense Objection Precludes Instruction Which Benefits Defendant
    • F 362 Note 8 Applicability Of Falsehood Instruction When Defendant Does Not Contest Identity
    • F 362 Note 9 Consciousness Of Guilt Not Alone Sufficient To Prove Guilt Or Supply Missing Elements
    • F 362 Note 10 Constitutionality Of False Statement Instruction Upheld By 9th Circuit
    • F 362 Note 11 False Statement Instruction Not Permissible Unless Substance Of The Statement Is Presented In Evidence
    • F 362 Note 12 Name Change As Explanation For Providing False Name To Police
    • F 362 Note 13 Introduction Of Un-Mirandized Statement For Exculpatory Value
    • F 362 Note 14 Un-Mirandized Statement: Introduction By Prosecution To Impeach
    • F 362 Note 15 False Statements: Inference Of Guilt
    • F 362 Note 16 Challenge To CALCRIM 362 As Duplicative Of Circumstantial Evidence Instruction
    • F 362 Note 17 Consciousness Of Guilt As Improper Comment On The Evidence
    • F 362 Note 18 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence
    • F 362 Note 19 False Statement Must Be Made Prior To Trial
  • F 363B 369 Reserved
  • E. Particular Types Of Evidence (370-376)
  • F 370 Motive (Case Law Discussing This Instruction)
    • F 370 Inst 1 No Duty To “Reach A Verdict”
    • F 370 Inst 2 Specification Of Motive To Commit The Charged Crime
    • F 370 Inst 3 Motive, Planning And Manner Of Killing Evidence Should All Be Considered When Premeditation And Deliberation Is An Element Of The Charge
    • F 370 Inst 4 Need To Differentiate Between Common Sense And Technical Legal Definitions Of Motive
    • F 370 Inst 5 Clarification Of Language
    • F 370 Inst 6 Motive: Modification Of Burden Shifting Language
    • F 370 Inst 7 (a & b) Motive: Modification Of “Tending To Show” Language
    • F 370 Inst 8 (a-c) Motive Alone Insufficient To Establish Guilt
    • F 370 Inst 9 Motive: Application To Third Party Suspect
    • F 370 Inst 10 Motive: Defense Theory Instruction Relating Absence Of Motive To Burden Of Proof
    • F 370 Inst 11 Challenge To Motive Instruction As Argumentative And Confusing
  • F 370 NOTES
    • F 370 Note 1 Motive: Distinguished From Intent And Malice
    • F 370 Note 2 Improper To Give CC 370 When Motive Is An Element Of The Offense (E.g., Annoying Or Molesting A Child; Hate Crimes)
    • F 370 Note 3 Defense Argument To Jury Allowed Jurors To Consider Motive-Based Defense
  • F 371 Consciousness Of Guilt: Suppression And Fabrication Of Evidence (Case Law Discussing This Instruction)
  • F 371 Alternative A: Suppression Of Evidence
  • F 371(A-1) Suppression Of Evidence: Preliminary Facts
    • F 371(A-1) Inst 1 Title Modification In Light Of Preliminary Facts
    • F 371(A-1) Inst 2 Suppression Of Evidence: Required Preliminary Facts
    • F 371(A-1) Inst 3 (a & b) Suppression Of Evidence Must Be Willful Or Deliberate
    • F 371(A-1) Inst 4 Suppression Of Evidence Must Not Be Intended To Deflect Suspicion From Defendant And Not To Protect Another
    • F 371(A-1) Inst 5 Suppression Of Evidence Must Relate To Charged Crime
    • F 371(A-1) Inst 6 Suppression Of Evidence Must Occur After Charged Crime
    • F 371(A-1) Inst 7 Efforts By Others Than Defendant To Suppress Evidence—Authorization By Defendant As Preliminary Fact
    • F 371(A-1) Inst 8 Suppression Of Evidence: Defense Objection Precludes Instruction Which Benefits Defendant
  • F 371(A-2) Suppression Of Evidence: Limiting Instructions
    • F 371(A-2) Inst 1 Suppression Of Evidence: May Show That Defendant Thought He Or She Had Done Something Wrong Or Had “Feelings Of Guilt” —Not That Defendant Was “Aware Of His Or Her Guilt”
    • F 371(A-2) Inst 2 Suppression Of Evidence: Inapplicable To Nature Or Degree Of Guilt
    • F 371(A-2) Inst 3 Suppression Of Evidence: Limitation When Not Applicable To All Charged Offenses
    • F 371(A-2) Inst 4 Suppression Of Evidence: Limitation To Applicable Co-Defendant
    • F 371(A-2) Inst 5 Suppression Of Evidence: Jury Not To Consider Flight Of Uncharged Accomplice As To Defendant
  • F 371(A-3)3 Suppression of Evidence: Cautionary Instructions
    • F 371(A-3) Inst 1 Suppression of Evidence: Prosecution Must Prove Every Essential Fact
    • F 371(A-3) Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
    • F 371(A-3) Inst 3 Suppression Of Evidence: Probative Value Reduced By Passage Of Time
    • F 371(A-3) Inst 4 Suppression Of Evidence: “Feelings Of Guilt” Do Not Reflect Actual Guilt
  • F 371(A-4) Suppression of Evidence: Reverse Instructions
    • F 371(A-4) Inst 1 Absence Of Suppression Of Evidence
    • F 371(A-4) Inst 2 (a & c) Suppression Of Evidence By Third Party: Relevance To Third Party Guilt Defense Theory
    • F 371(A-4) Inst 3 Suppression Of Evidence By The Police Or Prosecution
    • F 371(A-4) Inst 4 Attempted Suppression Of Evidence Or Witness Intimidation By The Police Or Prosecution
    • F 371(A-4) Inst 5 Instruction As Sanction For Prosecution’s Loss Or Destruction Of Evidence Generally
    • F 371(A-4) Inst 6 Instruction As Sanction For Prosecution’s Loss Of Original Line Up Photos
    • F 371(A-4) Inst 7 Instruction As Sanction For Loss Of Alibi Witness Due To Prosecution’s Unjustified Delay
  • F 371(A) NOTES
    • F 371(A) Note 1 Suppression of Evidence: Improper Pinpoint Instruction
    • F 371(A) Note 2 Consideration Of Witness’s Fear
    • F 371(A) Note 3 Suppressing Evidence: Change of Appearance
    • F 371(A) Note 4 Consciousness of Guilt From Defendant’s Refusal to Submit to Blood Test
    • F 371(A) Note 5 Suppression of Evidence: Refusal to Participate in Lineup
    • F 371(A) Note 6 Suppression of Evidence: When Defendant Doesn’t Contest Identity
    • F 371(A) Note 7 Lack Of Consciousness Of Guilt Required By Due Process
    • F 371(A) Note 8 Instruction Regarding Jury’s Consideration Of Evidence Not Timely Disclosed By The Defense
    • F 371(A) Note 9 False Statement May Provide Basis For Both Suppression Of Evidence (CC 371) And False Statement (CC 362) Instructions
    • F 371(A) Note 10 Consciousness Of Guilt As Improper Comment On The Evidence
    • F 371(A) Note 11 Suppression Of Evidence By Police Or Prosecution: Evidence Undermining The Credibility Of Prosecution Witnesses
    • F 371(A) Note 12 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence
    • F 371(A) Note 13 Challenge To Consciousness Of Guilt Instructions As Duplicative Of Circumstantial Evidence Instruction
  • F 371 Alternative B: Fabrication Of Evidence
  • F 371(B) Fabrication Of Evidence: Preliminary Facts
    • F 371(B-1) Inst 1 Fabrication Of Evidence: Modification Of Title In Light Of Preliminary Facts
    • F 371(B-1) Inst 2 Fabrication Of Evidence: Required Preliminary Fact
    • F 371(B-1) Inst 3 (a & b) Fabrication Of Evidence Must Be Willful Or Deliberate
    • F 371(B-1) Inst 4 Fabrication Of Evidence Must Not Be Intended To Deflect Suspicion From Defendant And Not To Protect Another
    • F 371(B-1) Inst 5 Fabrication Of Evidence Must Relate To Charged Crime
    • F 371(B-1) Inst 6 Fabrication Of Evidence Must Occur After Charged Crime
    • F 371(B-1) Inst 7 Efforts By Others Than Defendant To Fabricate Evidence
    • F 371(B-1) Inst 8 Fabrication Of Evidence: Defense Objection Precludes Instruction Which Benefits Defendant
    • F 371(B-2) Inst 1 Fabrication Of Evidence: May Show That Defendant Thought He Or She Had Done Something Wrong Or Had “Feelings Of Guilt”— Not That Defendant Was “Aware Of His Or Her Guilt”
    • F 371(B-2) Inst 2 Efforts By Defendant To Fabricate Evidence: Inapplicable To Nature Or Degree Of Guilt
    • F 371(B-3) Inst 1 Fabrication Of Evidence: Prosecution Must Prove Every Essential Fact
    • F 371(B-3) Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
    • F 371(B-4) Inst 1 Absence Of Fabrication Of Evidence
    • F 371(B-4) Inst 23 Fabrication Of Evidence By Third Party: Relevance To Third Party Guilt Defense Theory
    • F 371(B-4) Inst 3 Fabrication Of Evidence By The Police Or Prosecution
    • F 371(B-4) Inst 4 Attempted Fabrication Of Evidence Or Witness Intimidation By The Police Or Prosecution
  • F 371(B) NOTES
    • F 371(B) Note 1 Fabrication Of Evidence: General Note
    • F 371(B) Note 2 Lack Of Consciousness Of Guilt Required By Due Process
    • F 371(B) Note 3 Fabrication: Judicial Proceedings Need Not Be Actually In Progress
    • F 371(B) Note 4 Fabrication Instruction Inapplicable To The Manufacture Of An Alibi Before Defendant Is Charged
    • F 371(B) Note 5 Challenge To Consciousness Of Guilt Instructions As Duplicative Of Circumstantial Evidence Instruction
    • F 371(B) Note 6 Consciousness Of Guilt As Improper Comment On The Evidence
    • F 371(B) Note 7 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence
  • F 371 Alternative C: Fabrication Or Suppression Of Evidence By Third Party
  • F 371(C-1) Fabrication Or Suppression Of Evidence By Third Party: Preliminary Facts
    • F 371(C-1) Inst 1 Title Modification In Light Of Preliminary Facts
    • F 371(C-1) Inst 2 Fabrication Or Suppression Of Evidence By Third Party: Required Preliminary Facts
    • F 371(C-1) Inst 3 Fabrication Or Suppression Of Evidence By Third Party: Must Be Willful
    • F 371(C-1) Inst 4 Fabrication Or Suppression Of Evidence By Third Party: Must Relate To Charged Crime
    • F 371(C-1) Inst 5 Fabrication Or Suppression Of Evidence By Third Party Must Occur After Charged Crime
    • F 371(C-1) Inst 6 Fabrication Or Suppression Of Evidence By Third Party: Defendant Must Authorize
  • F 371(C-2) Fabrication Or Suppression Of Evidence By Third Party: Limiting Instructions
    • F 371(C-2) Inst 1 Fabrication Or Suppression Of Evidence By Third Party: May Show That Defendant Thought He Or She Had Done Something Wrong Or Had “Feelings Of Guilt”—Not That Defendant Was “Aware Of His Or Her Guilt”
    • F 371(C-2) Inst 2 Fabrication Or Suppression Of Evidence By Third Party: Inapplicable To Nature Or Degree Of Guilt
    • F 371(C-2) Inst 3 Suppression Of Evidence By Third Party: Limitation When Not Applicable To All Charged Offenses
    • F 371(C-2) Inst 4 Suppression Of Evidence By Third Party: Limitation To Applicable Co-Defendant
    • F 371(C-2) Inst 5 Suppression Of Evidence By Third Party: Jury Not To Consider Suppression By Uncharged Accomplice As To Defendant
  • F 371(C-3) Suppression of Evidence By Third Party: Cautionary Instructions
    • F 371(C-3) Inst 1 Fabrication Or Suppression Of Evidence By Third Party: Prosecution Must Prove Every Essential Fact
    • F 371(C-3) Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
    • F 371(C-3) Inst 3 Fabrication Or Suppression of Evidence By Third Party: Probative Value Reduced By Passage Of Time
    • F 371(C-3) Inst 4 Fabrication Or Suppression of Evidence By Third Party: “Feelings Of Guilt” Do Not Reflect Actual Guilt
  • F 371(C-4) Fabrication Or Suppression of Evidence By Third Party: Reverse Instructions
    • F 371(C-4) Inst 1 Absence Of Fabrication Or Suppression Of Evidence
    • F 371(C-4) Inst 2 Fabrication Or Suppression Of Evidence By The Police Or Prosecution
    • F 371(C-4) Inst 3 Attempted Fabrication Or Suppression Of Evidence Or Witness Intimidation By The Police Or Prosecution
  • F 371(C) NOTES
    • F 371(C) Note 1 Lack Of Consciousness Of Guilt Required By Due Process
    • F 371(C) Note 2 Challenge To CJ 2.05 As Duplicative Of Circumstantial Evidence Instruction
    • F 371(C) Note 3 Consciousness Of Guilt As Improper Comment On The Evidence
    • F 371(C) Note 4 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence
  • F 372 Defendant’s Flight (Case Law Discussing This Instruction)
  • F 372.1 Flight: Preliminary Facts
    • F 372.1 Inst 1 Title Modification In Light Of Preliminary Facts
    • F 372.1 Inst 2 Flight: Required Preliminary Facts
    • F 372.1 Inst 3 Flight Must Relate To Charged Crime: Preliminary Fact
    • F 372.1 Inst 4 Flight After Accusation: Knowledge Of Accusation As Preliminary Fact
    • F 372.1 Inst 5 Flight Must Occur After The Charged Crime
    • F 372.1 Inst 6 Flight Instruction: Objection By Defend
    • F 372.1 Inst 7 Improper Assumption That A Crime Was Committed
  • F 372.2 Flight: Limiting Instructions
    • F 372.2 Inst 1 Defendant’s Flight May Show That Defendant Thought He Or She Had Done Something Wrong Or Had “Feelings Of Guilt” C Not That Defendant Was “Aware Of His Or Her Guilt”
    • F 372.2 Inst 2 Flight: Inapplicable To Nature Or Degree Of Guilt
    • F 372.2 Inst 3 Flight: Limitation When Not Applicable To All Charged Offenses
    • F 372.2 Inst 4 Flight: Limitation To Applicable Co-Defendant
    • F 372.2 Inst 5 Flight: Jury Not To Consider Flight Of Uncharged Accomplice As To Defendant
    • F 372.2 Inst 6 Flight Instruction Improper Where Conduct Is An Element Of The Crime
    • F 372.2 Inst 7 Flight Not Applicable To Use Of A Vehicle To Evade Arrest (VC 2800.1 & 2800.2)
  • F 372.3 Flight: Cautionary Instructions
    • F 372.3 Inst 1 Defendant’s Flight: Prosecution Must Prove Every Essential Fact
    • F 372.3 Inst 2 Multiple Forms Of Consciousness Of Guilt Not Alone Sufficient To Convict
    • F 372.3 Inst 3 Flight: Probative Value Reduced By Passage Of Time
    • F 372.3 Inst 4 Flight: “Feelings Of Guilt” Do Not Reflect Actual Guilt
    • F 372.3 Inst 5 Intent To Avoid Arrest Or Observation Does Not Necessarily Reflect Consciousness Of Guilt—Alternative Explanations
  • F 372.4 Flight: Reverse Instructions
    • F 372.4 Inst 1 (a-d) Absence Of Flight
    • F 372.4 Inst 2 Flight—Application To Third Party
  • F 372 NOTES
    • F 372 Note 1 Improper Flight Instruction Violates Federal Constitution
    • F 372 Note 2 Knowledge Of Accusation As Prerequisite To Flight Instruction
    • F 372 Note 3 Flight Instruction Improper Where No Intent To Avoid Observation Or Arrest
    • F 372 Note 4 Improper Factual Basis For Flight Should Be Stricken
    • F 372 Note 5 Applicability Of Flight Instruction To Escape Charge
    • F 372 Note 6 Prejudicial Impact Of Erroneous Instruction On Flight
    • F 372 Note 7 Defendant Should Be Able To Waive Giving Of Flight Instruction Since Its Purpose Is To Protect The Defendant
    • F 372 Note 8 Flight: Instruction As Impermissible Inference
    • F 372 Note 9 Challenge To Other Consciousness Of Guilt And Other Permissive Inference Instructions As Duplicative Of Circumstantial Evidence Instruction
    • F 372 Note 10 Consciousness Of Guilt As Improper Comment On The Evidence
    • F 372 Note 11 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence
    • F 372 Note 12 Flight Instruction: Objection By Defendant Precludes Cautionary/Limiting Instruction Which Benefits The Defendant
    • F 372 Note 13 Merely Leaving A Location Does Not Justify A Flight Instruction
    • F 372 Note 14 Flight Used For Accessory Charge Does Not Warrant Flight Instruction (E.g., CC 372)
  • F 373 Other Perpetrator
    • F 373 Inst 1 Unjoined Perpetrators: Evidence Of Third Party Guilt May Leave Jurors With A Reasonable Doubt As To Defendant’s Guilt
    • F 373 Inst 2 (a-c) Jurors May Still Consider Third Party Guilt
    • F 373 Inst 3 (a & b) Unjoined Perpetrators: Defendant Need Not Prove Third Party Guilt To Leave Jurors With Reasonable Doubt As To Defendant’s Guilt
    • F 373 Inst 4 Lack Of Prosecution As Relevant To Credibility
    • F 373 Inst 5 Modification Where Case Involves Both Prosecuted And Non-Prosecuted Participants
    • F 373 Inst 6 Unjoined Accomplice Testifying Under Grant Of Immunity Or Plea Bargain
    • F 373 Note 1 Non-Prosecuted Participant: Accomplice Distinguished
    • F 373 Note 2 Instruction Improper When Witness Testifies For Prosecution Or Defense
  • F 374 Dog Tracking Evidence
    • F 374 Inst 1 Language Clarification
    • F 374 Inst 2 (a & b) Dog Tracking Identification: Use Of Scent Transfer Unit
    • F 374 Inst 3 Identification: Dog Tracking—Additional Factors
  • F 374 Notes
    • F 374 Note 1 Dog Tracking Instruction: Inapplicable To Dog Sniffing
    • F 374 Note 2 Dog Scent Identification and Scent Transfer Unit (STU) Evidence: Subject To Kelly Rule Analysis
  • F 375 Evidence Of Uncharged Offense To Prove Identity, Intent, Common Plan, Etc. (Case Law Discussing This Instruction)
    • F 375 Inst 1 (Option A) Uncharged Offense: Improper Reference To “Evidence Of”
    • F 375 Inst 2 (Option B) Other Behavior: Improper Reference To “Evidence Of”
    • F 375 Inst 3 (a-c) Requirement Of Proof Beyond A Reasonable Doubt If The Other Offense Or Act Is An Essential Fact
    • F 375 Inst 4 Uncharged Criminal Acts: Intent And/Or Mental State As Preliminary Fact
    • F 375 Inst 5 Other Uncharged Crimes: Must Be Limited To Applicable Count
    • F 375 Inst 6 Other-Crimes Evidence As To Associate Of The Defendant
    • F 375 Inst 7 (a & b) Gang Evidence Modification
    • F 375 Inst 8 Uncharged Offenses: Specification Of Instructions Applicable To Determination Of Uncharged Offense
    • F 375 Inst 9 (a-c) Uncharged Acts: Admissibility Of Third Party Guilt Evidence
    • F 375 Inst 10 (a-d) Reverse 1101(b): Using Uncharged Acts Or Misconduct To Bolster The Defense
    • F 375 Inst 11 Uncharged Acts: Limited To Special Circumstances
  • F 375 NOTES
    • F 375 Note 1 Bifurcation When Other Crimes Evidence Prejudicial
    • F 375 Note 2 Ineffectiveness Of Limiting Instruction As To Other Crimes Evidence
    • F 375 Note 3 Other Crimes Instruction Dilutes Prosecution’s Burden And CC 224/CC 225
    • F 375 Note 4 Admissible Only To Prove Contested Issues
    • F 375 Note 5 Admission Of Irrelevant Character Evidence Violates Federal Due Process
    • F 375 Note 6 Error To Instruct That Other Crimes May Be Used To Show Criminal Propensity
    • F 375 Note 7 No Modification Of Prior Acts Instruction Necessary In Light of Ewoldt
    • F 375 Note 8 Other Crimes Limiting Instruction: No Sua Sponte Duty
    • F 375 Note 9 Uncharged Offenses: Specification Of Instructions Applicable To Determination Of Uncharged Offense
    • F 375 Note 10 Uncharged Offenses: Prior Sexual Offenses As Character Evidence (EC 1108)
    • F 375 Note 11 Uncharged Offenses: Corpus Delicti Rule Not Applicable
    • F 375 Note 12 Uncharged Offenses: EC 352 Analysis
    • F 375 Note 13 Flight During Prior Unrelated Offense Not Admissible To Show Intent Or Motive
    • .F 375 Note 14 Prior Uncharged Offenses: Distinction Between Motive And Common Plan Or Design
    • F 375 Note 15 Improper To Permit Expert Opinion As To Defendant’s Criminal Propensity Or Predisposition
    • F 375 Note 16 Uncharged Act: Relevance Must Be Specified When Case Also Involves Impeachment With Prior
    • F 375 Note 17 Uncharged Acts: Relevance To Cause Of Death
    • F 375 Note 18 Uncharged Acts: Admissibility Of Third Party Guilt Evidence
    • F 375 Note 19 Reverse 1101(b): Using Uncharged Acts Or Misconduct To Bolster The Defense
    • F 375 Note 20 Due Process Right To Full And Fair Hearing Regarding Use Of Other Crimes/Other Charges
    • F 375 Note 21 CAVEAT: When CC 375 Given At The Guilt Phase Of Capital Trial
    • F 375 Note 22 Improper Propensity Argument By Prosecutor: Duty Of Judge To Correct
    • F 375 Note 23 Other Crimes Evidence: No Juror Unanimity As To Preliminary Fact
    • F 375 Note 24 CC 375 Is A Cautionary/Limiting Instruction With Should Not Be Given Over Defense Objection
  • F 376 Possession Of Recently Stolen Property As Evidence Of A Crime (Case Law Discussing This Instruction)
    • F 376 Inst 1 Circumstances Of Possession Do Not Necessarily “Tend To Prove Guilt”
    • F 376 Inst 2 (a & b) Possession Of Property: Impermissible To Infer Robbery Rather Than Theft
    • F 376 Inst 3 (a-c) Possession Of Recently Stolen Property Must Be “Unexplained”
    • F 376 Inst 4 (a & b) Prosecution Must Prove That Property Was Stolen And In Possession Of Defendant
    • F 376 Inst 5 Lack Of Possession As Evidence To Negate Guilt
    • F 376 Inst 6 Knowing Possession: Consideration Of Intoxication And/Or Mental Impairment
    • F 376 Inst 7 Possession Of Stolen Property Not Alone Sufficient To Sustain Finding Of Theft Or Burglary
    • F 376 Inst 8 (a-g) Possession Of Recently Stolen Property: “Recently” Is A Relative Term
    • F 376 Inst 9 (a-c) Possession Of Recently Stolen Property: Interplay Between Recently And Corroboration Requirement
    • F 376 Inst 10 Recently Stolen Property: When Both Theft and Non-Theft Offenses Are Charged
    • F 376 Inst 11 Possession Of Property: Improper Pinpoint Instruction
    • F 376 Inst 12 (a & b) Recent Possession As A Preliminary Fact To Be Proved By The Prosecution
    • F 376 Inst 13 Federal Constitutional Challenge To CJ 2.15 (Now CC 376)
    • F 376 Inst 14 Objection By Defendant Precludes Instruction Which Benefits Defendant
    • F 376 Inst 15 Improper To Define Burden Of Proof In Terms Of Being Convinced Or Satisfied
  • F 376 NOTES
    • F 376 Note 1 Burden Of Proof
    • F 376 Note 2 Possession: Agreement To Purchase Not Sufficient
    • F 376 Note 3 False Explanation Of Possession Of Stolen Property Sufficient To Sustain Finding Of Theft
    • F 376 Note 4 Possession Of Property: Slight Corroboration Requirement Violates Due Process
    • F 376 Note 5 Possession: Insufficient To Show Guilt As To Related Non-Larcenous Offense
    • F 376 Note 6 Knowing Possession: Definition Of Possession Required
    • F 376 Note 7 Objection By Defendant Precludes Instruction Which Benefits Defendant
    • F 376 Note 8 Possession Of Recently Stolen Property: “Recently Stolen” As Imprecise And Inconsistent With The Prosecution’s Burden Of Proof
    • F 376 Note 9 Recently Stolen Property Inference Improper In Non-Theft Cases
    • F 376 Note 10 Challenge To CC 376 As Duplicative Of Circumstantial Evidence Instruction
    • F 376 Note 11 Possession Of Property: Applicability To Felony Murder Special Circumstances [PC 190.2(a)(17)]
    • F 376 Note 12 Instruction On Consciousness Of Guilt Inference Improper Without Supporting Evidence
    • F 376 Note 13 Sua Sponte Duty To Instruct On Recent Possession Of Stolen Property
  • F 377B 399 Reserved
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