SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 707 Special Circumstances: Accomplice Testimony Must Be Corroborated—Dispute Whether Witness Is Accomplice
TABLE OF CONTENTS
F 707.1 Titles And Identification Of Parties
F 707.1 Inst 1 Special Circumstances: Accomplice Testimony Must Be Corroborated—Dispute Whether Witness Is Accomplice—Title
F 707.1 Inst 2 Identification Of Prosecution And Defendant
F 707.2 Instructions
F 707.2 Inst 1 Miscellaneous Issues And Instructions
F 707.2 Inst 2 Accomplice Corroboration Applies To Out-Of-Court Statements
Return to Series 700 Table of Contents.
F 707.1 Titles And Identification Of Parties
F 707.1 Inst 1 Special Circumstances: Accomplice Testimony Must Be Corroborated—Dispute Whether Witness Is Accomplice—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 707.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 707.2 Instructions
F 707.2 Inst 1 Miscellaneous Issues And Instructions
See FORECITE F 334 [Accomplice Testimony Must Be Corroborated: Dispute Whether Witness Is Accomplice].
F 707.2 Inst 2 Accomplice Corroboration Applies To Out-Of-Court Statements
*Add to CC 707:
This rule requiring supporting evidence also applies to statements made outside the courtroom (to _______________ <insert name> / on _______________ <insert date> / _______________ <insert other identification about out-of-court statement>.)
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request. [See CALCRIM Motion Bank #CCM-001.]
Need For Instruction—See People v. Andrews (1989) 49 C3d 200, 214.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 13.3 [Full And Accurate Instruction On Elements Of Death Qualification And Prosecution’s Burden]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
