Withdrawal of Aider and Abettor–Notification Not Possible
May 15th, 2015
In People v. Battle (2011) 198 Cal. App. 4th 50, 67, the defense challenged CC 401 because it “does not allow for the withdrawal defense if the defendant attempts to notify the other participants but such notification is impossible.” The Court of Appeal rejected the challenge: “This argument is without merit because the instruction properly […]
Tags: Accomplice Liability, Aider and Abettor, CC 401
Aiding and Abetting: “Equally Guilty” Language
May 12th, 2015
People v. Samaniego held that a portion of CC 400 was incorrect because it instructed the jury that “[a] person is equally guilty of the crime whether he or she committed it personally or aided and abetted the perpetrator who committed it.” (People v. Samaniego (2009) 172 Cal. App. 4th 1148.) CC 400 was […]
Tags: Accomplice Liability, Aider and Abettor, CC 400
Jury Unanimity (CC 3500 or CC 3501): Child Molestation: Emphasis of What Must Be Found Vis a Vis Multiple Sex Crimes
May 8th, 2015
To convict a defendant of multiple sex crimes that are not distinguished: the jury must find 3 prerequisites “‘We see no constitutional impediment to allowing a jury, so instructed to find a defendant guilty of more than one indistinguishable act, providing. . .three minimum prerequisites. . .are satisfied.’ [Citation.] Those prerequisites include generic evidence describing […]
Tags: CC 3500, CC 3501, Jury Unanimity (Duplicity), Sex Crimes, Strategy Notes and Practice Ideas
Jury Unanimity: Child Molestation
May 5th, 2015
In a child molestation case, CC 3501 may be given instead of CC 3500. “[CC 3501] is an alternative instruction to [CC No. 3500]. [CC 3501] affords two different approaches for the jury to reach the required unanimity. The first is the same as that set forth in [CC 3500]: agreement as to […]
Tags: CC 3500, CC 3501, Jury Unanimity (Duplicity), Sex Crimes
Consciousness of Guilt: False Statements–Defense Theory Of Intoxication
May 1st, 2015
In general, voluntary intoxication may not be considered for general intent crimes. (People v. Mendoza (1998) 18 Cal. 4th 1114, 1127-1128.) However, voluntary intoxication may be relevant on the question of whether a defendant’s statements while intoxicated are probative of the defendant’s veracity within the meaning of CC 362. (People v. Wiidanen (2011) 201 […]
Tags: CC 3452, CC 362, Consciousness of Guilt, Defense Theory Instructions, False Statements, Non-CALCRIM
Consciousness of Guilt: False Statements–Duty To Instruct Sua Sponte Is Unclear
April 27th, 2015
The bench notes to CC 362 were revised to delete the statement that “The court has a sua sponte duty to instruct on consciousness of guilt. . ..” The Committee concluded that it was ambiguous whether or not a sua sponte duty existed here. (Advisory Committee on Criminal Jury Instructions, Report to the Judicial […]
Tags: CC 362, Consciousness of Guilt, False Statements, Judge Duty to Instruct, Sua Sponte
Consciousness Of Guilt: False Statements–Not Applicable To Trial Testimony
April 24th, 2015
Courts have said that CC 362 should not be used to permit an inference of consciousness of guilt based on knowingly false or intentionally misleading statements in a defendant’s trial testimony. (People v. Beyah (2009) 170 Cal. App. 4th 1241.) CC 362 was revised on August 14, 2009, in response to this concern. As […]
Tags: CC 362, Consciousness of Guilt, False Statements
In Custody Informant Should Be Treated Like an Accomplice
April 20th, 2015
When the CC Committee revised CC 336 in August of 2012, it stated that “The legislature enacted Penal Code section 1111.5 requiring that the testimony of an in-custody informant be treated in a manner similar to that of an accomplice.” The committee revised CC 336, In-Custody Informant, accordingly, borrowing heavily from CC 334 and […]
Tags: Cautionary and Limiting Instructions, CC 336, Evidence and Witnesses, In Custody Informant
Credibility: Child Molestation
April 17th, 2015
People v. Fernandez ( 2013) 216 Cal. App. 4th 540, upheld CC 330 over a challenge that the instruction unfairly bolstered a child molestation victim’s credibility and impaired the defense’s ability to impeach her credibility based on her inability to perceive, understand, remember, and communicate. Relying on cases that had upheld CJ 2.20.1, the […]
Tags: CC 330, Evidence and Witnesses
Witness Credibility Factors: Sua Sponte Duty to Delete Inapplicable Factors
April 13th, 2015
The court has a sua sponte duty to give an instruction on factors relevant to a witness’s credibility. However, not all of the factors will apply in each case. Therefore, the court should strike those factors inapplicable in a case. Failure to do so may cause jurors to speculate about what evidence was not […]
Tags: CC 226, Evidence and Witnesses, Judge Duty to Instruct, Sua Sponte
