SERIES 3500 POST-TRIAL: CONCLUDING
F 3500.5 Unanimity: Appeal
F 3500.6 Unanimity: Motions And Forms
TABLE OF CONTENTS
F 3500.5 Unanimity: Appeal
F 3500.5 Note 1 Jury Unanimity: Standard Of Prejudice
F 3500.6 Unanimity: Motions And Forms
F 3500.6 M1 Motions and Proposed Forms for Unanimity Instruction and Special Findings
Return to Series 3500 Table of Contents.
F 3500.5 Note 1 Jury Unanimity: Standard Of Prejudice
(See FORECITE PG X(C)(20).)
CALJIC NOTE: See FORECITE F 17.01 n19.
F 3500.6 Unanimity: Motions And Forms
F 3500.6 M1 Motions And Proposed Forms For Unanimity Instruction And Special Findings
CAVEAT: Requesting a special finding may pose some risks, such as:
1. If the court of appeal finds error in refusing, the unanimity instruction the special finding could cure that error by showing that the jury actually did unanimously agree.
2. If the erroneous theory which is submitted to the jury is a legal rather than a factual theory, the special findings could aid the prosecution in meeting its burden of showing that the jury did not rely on the erroneous theory. (See People v. Webster (1991) 54 C3d 411, 447.)
__________ COURT OF CALIFORNIA
COUNTY OF __________
PEOPLE OF THE STATE OF NO. _________
CALIFORNIA,
|
Plaintiff,
vs.
Defendant(s).
_________________________/ |
MOTION FOR UNANIMITY
INSTRUCTION AND SPECIAL
FINDINGS AND SUPPORTING
POINTS AND AUTHORITIES
|
Motion For Unanimity Instruction And Special Findings
Defendant __________ requests that the jury be instructed per CJ 17.01 that it must unanimously agree as to __________ [insert theories and/or acts for which unanimity instruction is requested]. The failure of the jury to agree upon the act committed implicates federal constitutional due process (14th Amendment) by lessening the prosecution’s burden of proof. (See People v. Melendez (1990) 224 CA3d 1420, 1433; People v. Deletto (1983) 147 CA3d 458, 572; but see People v. Hernandez (1995) 34 CA4th 73.)
Defendant further requests that the jury be given a “special findings” form requiring it to state which [act] [theory] it relied on to reach its verdict.
Points and Authorities:
People v. Guiton (1993) 4 C4th 1116, 1128-29 imposes an appellate burden upon the defendant to show juror reliance upon an incorrect factual theory. Without a special verdict the defendant will have no realistic opportunity to meet this burden since the appellate record will likely be inadequate and post-verdict inquiry into the jurors’ mental process is precluded by EC 1150. Therefore, fundamental fairness and due process as guaranteed by the state and federal constitutions (14th Amendment) necessitate the special findings.
Special findings may accompany a general verdict “so long as they do not interfere with the jury’s deliberative process.” (People v. Webster (1991) 54 C3d 411, 447; see also People v. Farmer (1989) 47 C3d 888, 920.) (See also People v. Mickle (1991) 54 C3d 140, 178 fn 21 [verdict forms should not allow jurors leeway in the wording of special findings]; People v. Boyajian (1991) 228 CA3d 771, 774-75.)
Rule 230 provides the procedure for requesting special findings as follows:
Whenever a party desires special findings by a jury, he shall, before argument, unless otherwise ordered, present to the judge in writing the issues or questions of fact upon which such findings are requested, in proper form for submission to the jury and serve copies upon all other parties.
Dated: __________ Respectfully submitted,
_____________________________
__________ COURT OF CALIFORNIA
COUNTY OF __________
PEOPLE OF THE STATE OF NO. _________
CALIFORNIA,
|
Plaintiff,
vs.
Defendant(s).
_________________________/ |
SPECIAL JURY FINDINGS
[UNANIMITY INSTRUCTION
GIVEN]
|
We, the jury, having found defendant __________ guilty of __________ in Count _____, make the following special findings:
Did defendant _______________________________ [insert act or theory]?
Found True: __________
Not Found True: __________
Did defendant _______________________ [insert alternative act or theory]?
Found True: __________
Not Found True: __________
Date: __________ Signed: ____________________________
Time: __________ Print Name: _______________________
__________ COURT OF CALIFORNIA
COUNTY OF __________
PEOPLE OF THE STATE OF NO. _________
CALIFORNIA,
|
Plaintiff,
vs.
Defendant(s).
_________________________/ |
SPECIAL JURY FINDINGS
[UNANIMITY INSTRUCTION
NOT GIVEN]
|
We, the jury, having found defendant __________ guilty of __________ in Count _____, make the following special findings:
Did defendant ____________________________________ ?
[insert act or theory]
Found True: __________ (How many jurors)
Found Not True: __________ (How many jurors)
Did defendant ____________________________________ ?
[insert alternative act or theory]
Found True: __________ (How many jurors)
Found Not True: __________ (How many jurors)
Date: __________ Signed: ____________________________
Time: __________ Print Name: _______________________
CALJIC NOTE: See FORECITE F 17.01a.
