Further Instructions During Deliberations
February 1st, 2014
As explained by the CC Committee: This committee drafted [CC 3351], Further Instruction About Deliberations, at the suggestion of two council members who are former CC committee members, Judge Mary Ann O’Malley of Contra Costa County and Judge Terri Jackson of San Francisco. The judges expressed concern that without a CC instruction to […]
Tags: CC 3551, Deadlocked Jury, Deliberations of Jury
CC 626 Is Equivalent To CJ 8.47
January 30th, 2014
People v. Carlson (2011) 200 Cal. App. 4th 695, 706, observed that CJ 8.47 was similar to CC 626, and that CJ 8.47 was approved by People v. Whitfield (1994) 7 Cal. 4th 437, 454.
Tags: CC 626, Defense Theory Instructions, Unconsciousness, Voluntary Intoxication
Attempted Murder
January 30th, 2014
Attempted Murder: Revision Of Attempted Murder Instruction Per People v. Stone (2009) 46 Cal. 4th 131 The committee revised CC 600, Attempted Murder, in accordance with People v. Stone (2009) 46 Cal. 4th 131. In Stone, the Supreme Court made a direct suggestion to improve the language of CC 600 regarding the kill […]
Tags: Attempted Murder, CC 600
Attempted Murder: Act And Mens Rea Of Attempt
January 30th, 2014
People v. Lawrence (2009) 177 Cal. App. 4th 547, held that CC 600 does not erroneously conflate the mental state and act requirements of attempt.
Attempted Murder: Intent
January 30th, 2014
People v. Ramos (2011) 193 Cal. App. 4th 43, 47, concluded that CC 600 adequately instructs jurors on the intent required for attempted murder. Its language is virtually identical to CJ 8.66, except that CC 600 does not reference “malice aforethought” in defining murder. The Court of Appeal held that, “To instruct on the […]
Tags: Attempted Murder, CC 600
CC 404: Intoxication Not To Be Considered Vis-A-Vis Natural and Probable Consequences
January 30th, 2014
Based on People v. Mendoza (1998) Cal. 4th 1114, 1122-23, People v. Curry (2007) 158 Cal. App. 4th 766, approved CC 404’s admonition to not consider intoxication in deciding whether certain crimes are the natural and probable consequence of the commission of designated target offenses.
Tags: Accomplice Liability, Aider and Abettor, CC 404, Defense Theory: Intoxication
Voluntary Intoxication Resulting in Unconsciousness Instruction Not Applicable To Second Degree Murder Due To Drunk Driving
January 20th, 2014
People v. Ferguson (2011) 194 Cal. App. 4th 1070, 1082, held that although voluntary intoxication resulting in unconsciousness will normally reduce second degree murder to involuntary manslaughter, it does not do so in the context of drunk driving because the manslaughter statute states it is inapplicable “to acts committed in the driving of a […]
Tags: CC 626, Defense Theory Instructions, DUI/DWI, Murder, Unconsciousness, Voluntary Intoxication
Robbery: Constructive Possession Of Employer’s Property
January 20th, 2014
The Advisory Committee on Criminal Jury Instructions revised CC 1600 in August, 2009, and stated: The committee revised [CC No. 1600], Robbery, after the Supreme Court rendered its opinion in People v. Scott (2009) 45 Cal. 4th 743. The Scott case found that an employee on duty has constructive possession of the employer’s […]
Tags: CC 1600, Robbery
CC Self Defense Instruction Approved
January 20th, 2014
People v. Clark (2011) 201 Cal. App. 4th 235, 250, found that the trial court properly instructed the jury with CC 3470 regarding the principles of self-defense.
Tags: CC 3470, Self Defense
CC 540A, CC 540B, CC540C–Applicability of Apprendi To Ireland Issue
January 10th, 2014
CC treats the People v. Ireland (1969) 70 Cal. 2d 522, issue as purely a legal one, for the court. Although the court should make a determination on this issue, Apprendi now requires that the jury make the necessary finding that the felony was independent of the killing. (Apprendi v. New Jersey (2000) 530 […]
