Provocation Does Not Require Single Incident Qualifying As Provocation
July 27th, 2015

  CC 511 states that sufficient provocation may occur over a short period of time or over a long period of time. Thus, provocation may exist even though there was not a single incident qualifying as sufficient provocation. For example, malice may be negated by a long period of minor events, culminating in sufficient provocation. […]


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Self Defense: Applicability When Defense Relies On Theory Of Accident
July 24th, 2015

  People v. Villanueva (2008) 169 Cal. App.4th 41, 51, disagreed with the Related Issues portion of CC 510. Contrary to CC’s interpretation, People v. Curtis (1994) 30 Cal. App. 4th 1337, 1358-1359, did not categorically foreclose self-defense instructions when a defendant claims a killing was accidental. (See also People v. Elize (1990) 71 Cal. […]


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Attempted Murder, Kill Zone
July 20th, 2015

  Attempted Murder: Aider And Abettor/Provocative Act And Mental State   A bracketed portion of CC 601 is provided when the defendant was not the actual killer which states:   [The attempted murder was done willfully and with deliberation and premeditation if either the defendant or <insert name or description of principal> or both of […]


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Attempted Murder: Kill Zone Language
July 17th, 2015

  People v. Campos (2007) 156 Cal. App. 4th 1228, 1243, upheld instructing the jury with the “kill zone” option of CC 600. However, the Campos court observed that when a jury is instructed on the intent to murder the person whose attempted murder is charged and on express malice, the “kill zone” option is […]


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Felony Murder: One Continuous Transaction–Defined
July 13th, 2015

  People v. Wilkins (2013) 56 Cal. 4th 333, 342, noted that the Bench Notes for CC 3261 maintain that an instruction on the “escape rule” should not be given in a case involving felony murder. However, in a felony murder case where the facts warranted it, the court must instruct the jury under CC […]


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Felony Murder: Applicability of Duress to Underlying Felony
July 10th, 2015

  When a murder is based on a felony murder theory, the court has a sua sponte duty to give a duress defense instruction (CC 3402) if the defendant claims that he or she committed the underlying felony under duress. (CC 3402 Bench Notes.)  However, if the defendant formed the intent to be an aider […]


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Act Causing Death Not Distinct from Underlying Felony
July 6th, 2015

  On April 23, 2010, CC 540A, as well as CC 540B and CC 540C, were revised. As explained by the CC Committee, it was pointed out to them that the first degree felony murder instructions refer to the “act causing death” as though it were distinct from the underlying felony and this could be […]


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Definition of Deadly Weapon Corrected
July 3rd, 2015

  People v. Brown (2012) 210 Cal. App. 4th 1, 4, considered weapons such as BB guns, and noted that CC 375’s definition of a “deadly weapon,” “which includes objects that are inherently ‘dangerous’ as well as inherently ‘deadly,’ is, at best, ambiguous and, at worst, overbroad.” “[CC 875] may impermissibly allow a jury to […]


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Assault Instruction May Confuse Jurors in Multiple Victim Situations
June 30th, 2015

“Element No. 1 of [CC 875] requires that the prosecution prove that ‘The defendant did an act with a deadly weapon that by its nature would directly and probably result in the application of force to a person.’ But Element 2 merely requires that ‘When the defendant acted, he was aware of facts that would […]


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Definition of Balcony
June 26th, 2015

  People v. Yarborough (2012) 54 Cal. 4th 889, 894, expressly disapproved its dictum in People v. Valencia (2002) 28 Cal. 4th 1, 11, and held that “Whenever a private, residential apartment and its balcony are on the second or a higher floor of a building and the balcony is designed to be entered only […]


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