Tag Archives: CC 336


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 […]


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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 […]


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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 […]


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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 […]


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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 […]


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