False Statements And Criminal Street Gangs
March 1st, 2014
People v. Fuentes (2009) 171 Cal. App. 4th 1139, held that CC 362 does not conflict with instructions on criminal street-gang participation.
Tags: CC 3425, CC 362, Consciousness of Guilt, False Statements, Gangs
Prosecution Order For Mental Examination Of Capital Defendant
February 27th, 2014
The Related Issues section cites Centeno v. Superior Court for the proposition that a defendant must submit to an examination by a prosecution expert if the defendant places at issue the question of whether he is mentally retarded. (Centeno v. Superior Court (2004) 117 Cal. App. 4th 30.) Later California Supreme Court cases have […]
Tags: CC 775, Death Penalty
CC 376 Possession Of Recently Stolen Property: Burden Of Proof And Due Process Issues
February 27th, 2014
Relying on cases which had upheld the substantially identical CJ 2.15, People v. Lopez (2011) 198 Cal. App. 4th 698, held that CC 376 did not violate due process and did not decrease the prosecution’s burden of proof.
Tags: CC 376, Possession of Stolen Property
Death Penalty: Response To Jury Inquiring About Commutation
February 20th, 2014
This instruction was added on April 23, 2010, at the recommendation of the CC Committee. The Committee noted that “Because it is so easy to make a mistake in instructing on this issue, the committee agreed that it was important to provide a carefully crafted instruction for courts to use.” (Advisory Committee on Criminal […]
Tags: CC 767, Death Penalty
Death Penalty: Repeating Guilt Phase Instructions
February 20th, 2014
If the trial court instructs the jury to disregard all instructions given at the guilt phase, it must give those instructions which are applicable to the evaluation of the evidence at the penalty phase. Failure to give the required instructions will be reviewed under the harmless beyond a reasonable doubt standard. (People v. Lewis […]
Tags: CC 761, Death Penalty
Jury Unanimity: Child Molestation
February 20th, 2014
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 the […]
Tags: CC 3500, CC 3501, Jury Unanimity (Duplicity), Sex Crimes
CC 376 Possession Of Recently Stolen Property: CC 376 Not Required Sua Sponte
February 20th, 2014
The CC Committee has concluded that the trial judge has no sua sponte duty to instruct with CC 376. (CC 376 Bench Notes, citing People v. Najera (2008) 43 Cal. 4th 132.) The CJ equivalent is CJ 2.15.
Tags: Judge Duty to Instruct, Possession of Stolen Property, Sua Sponte
Gang Special Circumstance: Predicate Offense Must Occur Before Charged Offense
February 1st, 2014
People v. Duran (2002) 97 Cal. App. 4th 1448, 1458, [predicate offense cannot be satisfied by a crime which occurred after the charged offense].
Tags: CC 736, Gangs, Homicide, Special Circumstances
Felony Murder Special Circumstances: Required Elements
February 1st, 2014
In a felony-murder special-circumstances case the judge has a duty to instruct that the defendant must (1) have personally had the intent to kill or (2) have been a major participant in the commission of the underlying felony and have acted with reckless indifference to human life. (People v. Mil (2012) 53 Cal. 4th […]
Tags: CC 703, CC 731, Felony Murder, Felony Murder Special Circumstance, Homicide, Special Circumstances, Tison/Banks
Impact On Duty To Instruct On Mental State Element Of Substantive Offense
February 1st, 2014
According to People v. Hernandez (2010) 181 Cal. App. 4th 1494, when CC 401 is given, there is no need to further repeat CC 401’s mental state requirement in the instruction for the offense that the defendant allegedly aided and abetted because the jury was told to consider the instructions together. Hernandez held there […]
Tags: Accomplice Liability, Aider and Abettor, CC 401
