The Huge Impact of A Tiny Two-Letter Word
October 15th, 2020
In this March 10, 2020 post FORECITE discussed the CALCRIM instructions which define great bodily injury as a “significant or substantial physical injury … that is greater than minor or moderate harm.” The post suggested, in reliance on People v. Medellin (2020) 45 Cal.App.5th 519, 533- 535 that — as argued by the prosecutor in […]
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Grossly Negligent Shooting Of Firearm: Defense Theory Of Belief That Gun Was Unloaded
March 30th, 2014
If the defendant actually believed that the firearm he or she discharged was unloaded, the defendant has not violated this statute. (People v. Robertson (2004) 34 Cal. 4th 156.) However, Robertson was overruled in People v. Chun (2009) 45 Cal. 4th 1172, as follows: To avoid the anomaly of putting a person […]
Tags: CC 970, Defense Theory Instructions, Felony Murder, Merger, Mistake Of Fact
