Error to Instruct on Felony Murder, but Not Malice Murder, its Lesser Included Offenses, or the Defenses of Accident and Self-defense
August 8th, 2016
In People v. Gonzalez , District: 2 DCA , Division: 4 , Case #: B255375 the prosecutor charged appellants with malice murder but tried the case solely on a felony murder theory. The trial court did not instruct the jury on malice murder, its LIOs, or the defenses of accident and self-defense. “[U]nder the accusatory […]
Tags: CC 520, CC 540, CC 570, CC 571, CC 580, Lesser Included Offenses, Murder
Is the Erroneous Failure to Instruct on Malice Murder Always Harmless Error When the Jury Finds the Defendant Guilty of First Degree Murder?
August 5th, 2016
People v. Campbell (2015) 233 CA4th 148, suggested that a jury’s guilty verdict on felony murder and its true finding on a robbery special circumstance allegation do not render the failure to instruct on LIOs of malice murder harmless under Watson: While in the present case we are not dealing with the failure to give […]
Tags: CC 520, CC 540, CC 570, CC 571, CC 580, Lesser Included Offenses, Murder
CC 105 Is Correctly Given When Evidence Is Conflicting as to Whether a Witness’s Character for Untruthfulness Was Discussed
August 4th, 2016
In People v. Jimenez (2016) 246 CA4th 726 the trial court properly instructed jury that it could conclude the character for truthfulness of a witness (the alleged victim) was good based on lack of discussion of character in community where one witness (Hoffman) testified regarding lack of discussion, but other witnesses testified that the witness […]
Tags: Cautionary and Limiting Instructions, CC 105, Defense Theory: Witness Credibility, Witness Credibility
Self Defense: Presumption of Reasonableness Applies Even If Judge Finds That Defendant Was Not Legally Subletting the Residence
August 3rd, 2016
People v. Grays (2016) 246 CA4th 679 held that the trial court erred when it refused to instruct the jury that a person using force within his residence against a person who forcibly enters shall be presumed to have held a reasonable fear of injury to self or another member of the household (PC 198.5). […]
Tags: CC 3470, CC 3477, Self Defense
Jury Should Consider Defendant’s Mental Impairment in Deciding Whether False Statements Showed Consciousness of Guilt
August 2nd, 2016
In People v. McGehee (2016) 246 CA4th 1190 the defense argued that McGehee suffered from schizophrenic delusions involving demons and that he killed his mother during such an episode. The jury was instructed that if McGehee made any false or misleading statements related to the crime, that conduct may show consciousness of guilt. (CC 362.) […]
Tags: Cautionary and Limiting Instructions, CC 3426, CC 3428, CC 362, Consciousness of Guilt, False Statements
Chiu Doctrine Not Applicable to Transferred Intent
August 1st, 2016
People v. Chiu (2014) 59 C4th 155 held that an aider and abettor could not be found guilty of premeditated murder under the natural and probable consequences doctrine because the mental state for premeditation and deliberation is “uniquely subjective and personal.” (See The Chiu Doctrine Explained.) However, People v. Vasquez (2016) 246 CA4th 1019 held […]
Tags: Accomplice Liability, Aider and Abettor, Appeal, Attempted Murder, CC 400, CC 401, CC 402, CC 403, CC 521, CC 600, CC 601, Chiu Doctrine, Premeditation and Deliberation, Standard of Prejudice
Was the Maiden Voyage of the Titanic Merely “Incomplete”?
July 29th, 2016
In People v. Cortez (2016) 63 C4th 101 the prosecutor effectively told the jury that a non-imaginary belief is proof beyond a reasonable doubt: “The court told you that beyond a reasonable doubt is not proof beyond all doubt or imaginary doubt. Basically, I submit to you what it means is you look at the […]
Tags: Burden Of Proof, CC 100, CC 103, CC 220, Presumption of Innocence
Instruction Concerning Double-Counting of Aggravating Factor must Be Requested
July 28th, 2016
People v. Salazar (2016) 63 C4th 214, 254 held that the double counting instruction must be requested: “Defendant claims his prior murder conviction was improperly used both as a special circumstance under section 190.2, subdivision (a) and as an aggravating factor under section 190.3, factors (b) and (c). He contends the jury should have been […]
Tags: Death Penalty, Duty to Request Instruction, Sua Sponte
Lesser Related Offenses: Conflict Between Birks and the Right to Present a Defense
July 27th, 2016
In People v. Salazar (2016) 63 C4th 214, 251 the defendant unsuccessfully sought instruction on accessory after the fact as a lesser related offense. The Court, in reliance on People v. Birks (98) 19 C4th 108 [Birks], held that such an instruction is permissible only on stipulation of the parties. (See also People v. Rangel […]
Tags: Defense Theory Instructions, Lesser Related Offenses
Cautionary Instruction on Defendant’s Statements Not Required Sua Sponte
July 26th, 2016
In People v. Diaz (2015) 60 C4th 1176 the California Supreme Court reconsidered the requirement that the cautionary principle reflected in CALJIC 2.71.7 [now CC 358] must be given sua sponte. The Court decided that “in light of a change in the law that requires the general instructions on witness credibility to be given sua […]
Tags: Cautionary and Limiting Instructions, CC 358, Sua Sponte
