Justice Liu Again Calls for the CSC to Revisit the Question of Whether PC 190.3 Factor(b) Violates Apprendi July 26th, 2022
The Due Process Clause of the federal constitution (Fifth and Fourteenth Amendments) protect the accused against conviction except upon proof beyond a reasonable doubt of every essential fact and element of the charge. (In re Winship (1970) 397 US 358, 364 [90 SCt 1068; 25 LEd2d 368]; see also Fiore v. White (2001) 531 US […]
Tags: ¬ Burden of Proof , Apprendi , CC 763 , Death Penalty , Presumption of Innocence
Justice Liu Identifies Defect in California Death Penalty Process October 20th, 2021
Writing for a unanimous court, Justice Liu’s opinion in People v. McDaniel ____ Cal 5th _____(Aug. 26, 2021, S171393) rejected McDaniel’s arguments concerning the state constitutional and statutory right to jury trial. However, Justice Liu added a 30-page concurring opinion concerning a related federal constitutional issue based on Apprendi v. New Jersey (2000) 530 […]
Tags: Apprendi , CC 763 , Death Penalty
CSC to Consider What Standard of Prejudice Applies to Instructional Error on Defense Theory July 26th, 2021
In People v. Hendrix REV. GTD. 1/20/21 S265668 (B298952; 55 Cal.App.5th 1092) the defendant told police that he entered the victim’s backyard and tried to force entries believing this to be his cousin Trevor’s house. The reviewing court acknowledged that appellant if subjectively believed that he was at Trevor’s house, the jury could, in theory, […]
Tags: Appeal , Apprendi , CC 1600 , CC 1800 , CC 1863 , CC 3406 , Defense Theory Instructions , Mistake Of Fact , Standard of Prejudice
Felony Murder Special Circumstance: “Actual Killer” Determination — CALCRIM 703 Misstates the Burden of Proof January 28th, 2021
California law and the federal constitution require a finding of one of the following as an essential element of the felony murder special circumstance enumerated in Penal Code § 190.2(a)(17): The defendant was the actual killer of the victim; or The defendant acted with intent to kill; or The defendant aided and abetted the murder […]
Tags: Apprendi , CC 3426 , CC 540B , CC 540C , CC 700 , CC 702 , CC 703 , CC 730 , Felony Murder Special Circumstance , Sample Instructions , Special Circumstances
Aider and Abettor: Natural and Probable Consequences – Unanimity as to Commission of Nontarget Offense October 22nd, 2019
The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine: The prosecution theory was that Littleton was the killer. But […]
Tags: Accomplice Liability , Aider and Abettor , Apprendi , Attempted Murder , CC 3500 , CC 3501 , CC 3502 , CC 400 , CC 401 , CC 402 , CC 403 , Homicide , Mens Rea , Natural and Probable Consequences , Premeditation and Deliberation
Proof of Prior Convictions: The Constitutional Right to a Jury Trial “Sweeps More Broadly than Our Case Law Previously Recognized” February 26th, 2018
People v. Gallardo (2017) 4 Cal.5th 120 (rehearing denied 1/24/18) determined that the trial court violated the defendant’s Sixth Amendment right to a jury trial when it found a disputed fact about the conduct underlying the defendant’s prior assault conviction that had not been established by virtue of the conviction itself: “We today hold […]
Tags: Apprendi , CC 3100 , CC 3101 , CC 3102 , CC 3103 , Jury Trial - 6th Amendment
Propriety of Juror and Factual Finding Re: Aggravating Circumstance December 11th, 2015
The California Supreme Court has expressly ruled that the determination of whether there were aggravating circumstances to permit an enhanced sentence is not an issue which should be presented to a jury. (People v. Sandoval (2007) 41 Cal. 4th 825.) The Court of Appeal has ruled that the prosecution is not permitted to allege aggravating […]
Tags: Apprendi , CC 3250 , CC 3251
Involuntary Manslaughter: Existence of Legal Duty As Jury Question August 10th, 2015
The Bench Notes state that the determination of whether a defendant has a legal duty is one to be decided by the judge, not the jury. However, this conclusion violates United States Supreme Court precedents which require that every element of an enhancement must be proved beyond a reasonable doubt and found true by a […]
Tags: Apprendi , CC 582 , Involuntary Manslaughter
Substantial Evidence Of Guilt Does Not Cure Instruction That Omits Or Misstates An Element Of The Charged Offense February 6th, 2015
As with the total failure to instruct on an element of the charge, misinstruction on an element warrants reversal if “the jury could have reasonably concluded that the prosecution failed to prove [the element] beyond a reasonable doubt ….” (People v. Wilkins (2013) 56 Cal. 4th 333, 350-51.) This requires the reviewing court to […]
Tags: Appeal , Apprendi , Chapman , Elements Of Charge , Judge Duty to Instruct , Neder , Standard of Prejudice
Aider And Abettor: Natural And Probable Consequences – Unanimity As To Commission Of Nontarget Offense January 21st, 2015
The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine: The prosecution theory was that Littleton was the killer. […]
Tags: Accomplice Liability , Aider and Abettor , Apprendi , Attempted Murder , CC 3500 , CC 3501 , CC 3502 , CC 400 , CC 401 , CC 402 , CC 403 , Homicide , Mens Rea , Natural and Probable Consequences , Premeditation and Deliberation
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