Lying in Wait Special Circumstance: Judge Was Required to Sua Sponte Instruct on Circumstantial Evidence
November 2nd, 2018
In People v. Sandoval (2015) 62 Cal.4th 394 the CSC reversed the lying in wait special circumstance because the trial judge failed to sua sponte instruct, per CJ 8.83 or CJ 8,83.1 that between two reasonable inferences from circumstantial evidence, the jury must choose the inference pointing to innocence: “We … conclude that the prosecution’s […]
Tags: CC 727, CC 728, Murder, Special Circumstances, Sua Sponte
Does receipt of a stolen vehicle (Pen. Code, § 496d) fall within the scope of Proposition 47 even if the value of the vehicle is less than $950?
October 14th, 2018
In People v, Bussey (2018) 24 CA5th 1056 the defendant contended that his conviction for receipt of a stolen vehicle should be reduced to a misdemeanor under Proposition 47 because the provisions of Penal Code section 496 for misdemeanor sentencing apply as a matter of law to the more specific section 496d. The Court of […]
Tags: CC 1750
California Law Violates USSC Precedents Including Hurst v. Florida (2016) _U.S._ 136 S. Ct. 616
October 7th, 2018
The United States Supreme Court has repeatedly held that the Fifth, Sixth, and Fourteenth Amendments require any fact other than a prior conviction be proven to a jury beyond a reasonable doubt if the existence of that fact serves to increase the statutory maximum penalty for the crime. Cunningham v. California, 549 U.S. 270, 281-82, […]
Tags: CC 763, CC 766, Death Penalty
Unconstitutional Vagueness Challenge to Aggravated Kidnapping Charge (PC 209) based on Johnson v. United State (2015) 135 S.Ct. 2551 [Johnson]
October 1st, 2018
This post discussed the applicability of Johnson to inherently dangerous second degree felony murder. The same analysis could be applied to aggravated kidnapping per PC 209 which defines the required movement in terms of “risk of harm to the victim.” The Authority section of CC 1203 also states “Movement Must Substantially Increase Risk of Harm to […]
Tags: CC 1203, Kidnapping for Robbery
SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE MARCH 24, 2017
September 20th, 2018
Full Judicial Council Report: http://www.courts.ca.gov/documents/rupro-20170224-materials.pdf The Judicial Council, formally approved revisions to the following CALCRIM instructions to be effective March 24, 2017: 252, 361, 370, 522, 523, 729, 801, 830, 850, 902, 904, 937, 947, 960, 1082, 1124, 1125, 1126, 1202, 1301, 1350, 1351, 1352, 1354, 1355, 1502, 1600, 1650, 2130, 2131, 2500, […]
SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE AUGUST 21, 2015
September 20th, 2018
http://www.courts.ca.gov/documents/rupro-20150730-materials.pdf The Judicial Council approved revisions to the following CALCRIM instructions effective August 21, 2015: Proposition 47 Revisions were made to the following CALCRIM instructions affected by Proposition 47, which raised threshold amounts for felony prosecution of many theft crimes and reduced other theft crimes to misdemeanors: 1700, 1750, 1801, 1802, 1850, 1900, […]
SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE FEBRUARY 19, 2015
September 20th, 2018
The following CALCRIM instructions were addressed by the judicial council effective February 19, 2015: Instruction Number Instruction Title New 2024 False Personation New 3412, 3413 Compassionate Use and Cooperative Collective/Marijuana 359 Corpus Delicti 402, 403, 3426 Natural and Probable Consequences Doctrine Series, Voluntary Intoxication: Effects on Homicide Cases 460, 1300 Attempt Other Than Attempted Murder, Criminal […]
SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE FEBRUARY 26, 2016
September 20th, 2018
Full Judicial Council Report: http://www.courts.ca.gov/documents/rupro-20160202-materials.pdf The Judicial Council, formally approved revisions to the following CALCRIM instructions effective February 26, 2016: 207, 334, 335, 336, 361, 375, 548, 625, 703, 736, 840, 841, 935, 938, 985, 1300, 1400, 1401, 1863, 2300, 2302, 2352, 2542, and 3472. Citation updates to CC 207, 334, 335, […]
SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE SEPTEMBER 15, 2017
September 20th, 2018
http://www.courts.ca.gov/documents/rupro-20170822-materials.pdf The Judicial Council approved revisions to the following CALCRIM instructions effective September 15, 2017: 301, 358, 359, 520, 521, 627, 3450, 938, 965, 985, 1060, 1127, 1128, 1161, 2100, 2110, 2300, 2301, 2302, 2303, 2304, 2380, 2381, 2382, 2383, 2384, 2748, 2306, 3145, 3183, 3404, 3414, 3456, and 3457. The council also […]
SUMMARY OF NEW AND REVISED CALCRIM INSTRUCTIONS EFFECTIVE AUGUST 26, 2016
September 20th, 2018
The following CALCRIM instructions were addressed by the judicial council effective August 26, 2016: Instruction Number Instruction Title 121 Duty to Abide by Translation Provided in Court 375 Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan, etc. 416 Evidence of Uncharged Conspiracy 418 Coconspirator’s Statements 703 Special Circumstances: Intent Requirement for Accomplice […]