Reversible Error to Allow In-Custody Testimony of Co-Defendant Which Was Not A “Declaration Against Penal Interest”
March 14th, 2023
In People v. Gallardo (2017) 13 Cal.App.5th 51 the judge committed reversible error by admitting extrajudicial statements of a non-testifying third codefendant regarding the role of the other two defendants in the crime. After the declarant codefendant was arrested, the prosecution planted two informants in his cell for the purpose of eliciting information […]
Tags: Cautionary and Limiting Instructions, CC 336, Evidence and Witnesses, In Custody Informant
Reversible Error to Allow In-Custody Testimony of Co-Defendant Which Was Not A “Declaration Against Penal Interest”
March 4th, 2023
In People v. Gallardo (2017) 13 Cal.App.5th 51 the judge committed reversible error by admitting extrajudicial statements of a non-testifying third codefendant regarding the role of the other two defendants in the crime. After the declarant codefendant was arrested, the prosecution planted two informants in his cell for the purpose of eliciting information from […]
Tags: Cautionary and Limiting Instructions, CC 336, Evidence and Witnesses, In Custody Informant
Reversible Error to Allow In-Custody Testimony of Co-Defendant Which Was Not A “Declaration Against Penal Interest”
January 13th, 2023
In People v. Gallardo (2017) 13 Cal.App.5th 51 the judge committed reversible error by admitting extrajudicial statements of a non-testifying third codefendant regarding the role of the other two defendants in the crime. After the declarant codefendant was arrested, the prosecution planted two informants in his cell for the purpose of eliciting information from […]
Tags: Cautionary and Limiting Instructions, CC 336, Evidence and Witnesses, In Custody Informant
CALCRIM Revisions Effective October 1, 2021
October 12th, 2021
Effective 10/01/2021 CALCRIM revised instructions listed below. See https://jcc.legistar.com/View.ashx?M=F&ID=9785541&GUID=96E612F7-0BC9-43FE-814D-86F615957765 Number Title 336 In-Custody Informant 417 Liability for Coconspirators’ Acts 582 Involuntary Manslaughter: Failure to Perform Legal Duty–Murder Not Charged 625 Voluntary Intoxication: Effects on Homicide Crimes 775 Death Penalty: Mental Retardation 840 […]
Tags: CC 1001, CC 1015, CC 1016, CC 1030, CC 1031, CC 1201, CC 1215, CC 1243, CC 1244, CC 1807, CC 1930, CC 2045, CC 2100, CC 2200, CC 2656, CC 3185, CC 336, CC 3411, CC 3451, CC 417, CC 582, CC 625, CC 775, CC 840, CC 852A
In Custody Informant Should Be Treated Like an Accomplice
April 20th, 2015
When the CC Committee revised CC 336 in August of 2012, it stated that “The legislature enacted Penal Code section 1111.5 requiring that the testimony of an in-custody informant be treated in a manner similar to that of an accomplice.” The committee revised CC 336, In-Custody Informant, accordingly, borrowing heavily from CC 334 and […]
Tags: Cautionary and Limiting Instructions, CC 336, Evidence and Witnesses, In Custody Informant