Questioning of Witness by Judge: Cautionary Instruction January 20th, 2022
RATIONALE: When the judge asks questions of a witness, there is a danger that the jury will place undue emphasis or importance on the question or to the answer elicited, or consider that the question indicates the judge’s view of the evidence. Therefore, a cautionary instruction admonishing the jury not to attach special weight to […]
Tags: CC 101 , Judge Comment on the Evidence , Judicial Misconduct , Sample Instructions
Questions to Witness by Judge: Cautionary Instruction December 15th, 2021
RATIONALE: When the judge asks questions of a witness, there is a danger that the jury will place undue emphasis or importance on the question or to the answer elicited, or consider that the question indicates the judge’s view of the evidence. Therefore, a cautionary instruction admonishing the jury not to attach special weight to […]
Tags: CC 101 , Judge Comment on the Evidence , Judicial Misconduct
Judicial Misconduct May Require Reversal Error November 3rd, 2021
CC 101 admonishes the jurors as follows: Do not take anything I say or do during the trial as an indication of what I think about the facts, the witnesses, or what your verdict should be. However, such admonitions are not always sufficient to cure judicial misconduct. For example, in People v. Nieves (May […]
Tags: CC 101 , Judge Comment on the Evidence , Judicial Misconduct
Limitations on Selection of an Anonymous Jury and Access to Juror Names September 24th, 2021
People v. Lopez (June 14, 2021, B305783) 65 Cal.App.5th 484 affirmed the rule allowing the selection of an anonymous jury but recognized important limitations on such a practice. First, while Code of Civil Procedure § 237 requires juror identifying information to be sealed after the jury returns its verdict, § 237 “does not authorize sealing of […]
Tags: Cautionary and Limiting Instructions , CC 101 , Courtroom Security , Sample Instructions
Improper Prosecutor Argument That Reasonable Doubt Requires “Some Evidence on Which to Base A Doubt” September 23rd, 2021
In People v. Johnsen (2021) 10 Cal.5th 1116, 1166-67 the prosecutor misstated the law by telling the jurors that “[t]here has to be some evidence on which to base a doubt” because this definition of reasonable doubt “preclude[d] jurors from having reasonable doubt solely based on the insufficiency of the prosecution’s evidence.” The CSC held […]
Tags: Beyond A Reasonable Doubt , Burden Of Proof , CC 100 , CC 101 , CC 220
Limitations on Selection of an Anonymous Jury and Access to Juror Names September 14th, 2021
People v. Lopez (June 14, 2021, B305783) 65 Cal.App.5th 484 affirmed the rule allowing the selection of an anonymous jury but recognized important limitations on such a practice. First, while Code of Civil Procedure § 237 requires juror identifying information to be sealed after the jury returns its verdict, § 237 “does not authorize sealing of […]
Tags: Cautionary and Limiting Instructions , CC 101 , Courtroom Security , Sample Instructions
Telling Jurors That the Presumption of Innocence Starts to Lift with the Testimony of the First Witness Is A “Significant Mischaracterization of the Law” August 19th, 2021
“It is well established that the presumption of innocence continues into deliberations. [Citation to People v. Dowdell (2014) 227 Cal.App.4th 1388, 1408.] It could hardly be otherwise, since jurors are required to keep an open mind and not begin to decide any issue—not only the ultimate issue of guilt—until all the evidence has been presented […]
Tags: Burden Of Proof , CC 101 , Presumption of Innocence , Prosecutor Misconduct
Juror Anonymity: Jury Must Be Assured That Reasons for Anonymity Are NOT Related to Security August 12th, 2021
The empanelment of an anonymous jury is allowed only where (1) there are strong grounds for concluding that it is necessary to ensure juror protection and (2) reasonable safeguards are adopted by the trial court to minimize any risk of infringement upon the fundamental rights of the accused. (People v. Thomas (2012) 53 Cal.4th 771, […]
Tags: Cautionary and Limiting Instructions , CC 101 , Courtroom Security , Sample Instructions
Deficiencies in Defense Evidence Cannot Make up for Shortcomings in Prosecution’s Evidence August 13th, 2020
[Update of February 3rd, 2015 post] People v. Centeno (2014) 60 Cal. 4th 659 provides an important clarification of the presumption of innocence and the prosecution’s burden of proof: “…[D]eficiencies in the defense case [cannot] make up for shortcomings in [the prosecution’s case].” (Id., at 673.) For example, in People v. Brito (Sep. 19, 2019, […]
Tags: Appeal , Beyond A Reasonable Doubt , Burden Of Proof , CC 100 , CC 101 , CC 220 , Defense Theory Instructions , Lesser Included Offenses , Misstatement Of Law , Presumption of Innocence , Prosecutor Misconduct , Sample Instructions , Standard of Prejudice
Proper to Tell Jury to Use Magnifying Glass to Examine Exhibit Photos April 21st, 2020
Jury conduct that amounts to critical examination of the evidence admitted, as opposed to conduct resulting in the acquisition of new evidence, is not juror misconduct. Improper experiments by the jury are those that allow the jury to discover new evidence by considering areas not examined during trial. Conduct that is simply a more critical […]
Tags: CC 101 , CC 332 , Expert Testimony , Jury Misconduct
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