CALJIC BRIEF BANK

Brief Bank – Contents

B-500a
B-500b – Court Erred by Failing to Give CALJIC No. 2.91 Sua Sponte
B-503 – CALJIC 2.00, 2.01 and 2.02 Are Constitutionally Deficient
B-504 – The Court Committed Reversible Error By Failing To Define “Great Bodily Injury”
B-506 – CALJIC Nos. 8.11 And 8.31 (5th Ed. 1988) Misstate California Law
B-510a – CALJIC No. 4.45 Fails to Advise the Jury of the Prosecutor’s Burden of Proof Concerning the Accident Defense
B-510b – Neither Error Nor Prejudice Occurred by the Court’s Instruction on the Accident Defense
B-510c – CALJIC No. 4.45 Fails to Advise the Jury of the Prosecutor’s Burden of Proof Concerning the Accident Defense
B-511 – Court Erred to Appellant’s Prejudice
B-513 – Jury Improperly Instructed on LIO of Voluntary Manslaughter
B-515 – Preponderance of Evidence Instruction Reduced Prosecution’s Burden of Proof
B-516 – The Other Crimes Evidence Instructions Conflicted With CALJIC 2.01
B-517 – Clear and Convincing Proof Connecting Defendant With Uncharged Offense
B-518 – Error to Refuse to Instruct Jury on Reasons for Viewing Oral Admission With Caution
B-519 – Instructions Erroneously Required John Doe to Withdraw
B-520 – Self-Defense Was Erroneously Negated By Jury Instruction
B-521 – Self-Defense Against Deadly Force
B-524 – Trial Court Committed Reversible Error in Failing to Instruct Sua Sponte
B-525a – John Doe Cannot Be Convicted of Murder for Aiding and Abetting a Misdemeanor
B-525b – Brief Amicus Curiae In Support of Grant of Rehearing
B-526 – Appellant’s Murder Conviction Must Be Reversed
B-527 – Aiding and Abetting ADW Not Predicate for Murder Conviction
B-529 – Defendant Cannot Be Imprisoned for Murder Absent Notice Conduct Would Bring Such a Sanction
B-530 – Court Failed to Instruct Jury With CALJIC 3.02
B-531 – Jury Must Give Defendant Benefit of Doubt and Convict of Lesser Offense
B-532 – Court Erroneously Instructed Jury on Law of Involuntary Manslaughter
B-533a – Failure to Instruct Jury on Defense Theory of Entrapment
B-533b – Federal Habeas Corpus Is Appropriate Remedy When Failure to Instruct Has Deprived Defendant of Due Process
B-534 – Trial Court Required to Instruct Sua Sponte
B-535 – Instructing Jury That Death Was Mandatory
B-536a – Evidence Insufficient to Establish Terrorist Threats; First Amendment Right
B-536b
B-536c – Rule of Lenity Mandated, Appellant Not Guilty of PC 422 Violation
B-537 – Legislative Intent Service Policies
B-538
B-539 – “Lying in Wait” Instruction Incorrect View
B-540 – Transferred Self Defense
B-542 – Aggravating and Mitigating Factors
B-542 Appendix – The Mississippi Capital Sentencing Scheme
B-544 – Jury Should Have Been Instructed to Consider Age Differential and “Weapon Focus Effect”
B-547 – Trial Court’s Instruction on Trespassory Larceny Relieved Jury of Duty
B-548 – Trial Court’s Rendition of Instructions on Embezzlement Relieved Jury of Duty
B-549 – Trial Court Prejudicially Erred, Denied Appellant Due Process
B-550a – Court Erred Failing to Instruct Jury With CALJIC 2.13.1
B-550b – Trial Court Should Have Explained to Jury Their Purpose
B-568 – Reversible Error for Court to Instruct Jury With Rape Instructions Where Charging Information Gave No Notice of Claim of Rape
B-570 – Conviction Should be Reversed, Instructions Permitted Jury to Infer “Consciousness of Guilt”
B-572 – Penal Code §206 Is Unconstitutaionally Vague
B-573 – Court Violated Appellant’s Due Process Right to Fair Trial
B-574 – Requested Jury Instruction Relating to Special Circumstance Allegation With Points and Authorities
B-574c – Trial Court Failed to Provide Jurors with Guidance on Technical Legal Meaning
B-577 – Court Failed to Give Unanimity Instruction
B-578 – Court Erred Permitting Jury to Find Appellant Guilty Without Deciding Who Did What to Whom
B-583 – Trial Court Erred in Admitting Evidence of Appellant’s Alleged Gang Affiliation
B-590 – Trial Court Erred in Denying Appellant’s Request to Present Evidence of Possible Third Party Culpability
B-608 – Court Prejudicially Erred by Instructing Jury That Evidence of BWS Could Not Be Considered
B-618 – Penal Code §261.6 Violates Due Process by Creating Presumption That Rape Victim Has Not Consented Unless She Cooperated in Sex Act
B-623 – Orders In Both Cases Should Be Reversed Based On Absence Of Jury Instruction Necessary For Jury to Understand Legal Principle of “Constructive Possession”
B-628 – Petition for Review After Publishing Opinion Affirming Judgment of Conviction
B-631 – There Exists No Evidence to Support Gang Offense Conspiracy or Gang Enhancement
B-641 – Where Appellant Convicted of Involuntary Manslaughter and Alleged Use of Car as Deadly Weapon, Trial Court’s Failure to Instruct Jury on Intent Element of Penal Code is Reversible Per Se
B-652a – Record Contains Insufficient Evidence to Support Verdict for “Conditional Assault”
B-652b – Conditional Assault May be Established Without an Express Statement of the Condition
B-654 – Insubstantial Evidence to Support Gang Enhancement Finding
B-656 – Appellant’s Brief on the Merits
B-657 – Evidence Failed to Show Appellant Had Care or Custody of the Children
B-658 – Court’s Reply That Aiding and Abetting Racial Crime Enhancement Was Theory of Liability Was Prejudicial Error
B-660 – Trial Court Required to Instruct Jury on Burden of Proof in Self-Defense Case
B-661 – Court Committed Reversible Error by Failing to Give CALJIC No. 5.32 Sua Sponte
B-662 – Duty To Object: Invited Error: Joining D.A.’s Request For Instruction
B-664 – Conviction Also Reversible on Cumulative Error Principle
B-670 – Reversible Error for Trial Court Not to Instruct Jury with LIO
B-671 – Appellant’s Due Process Rights Abridged by Court’s Instruction to Jury with Unmodified CALJIC 8.31
B-672 – Court Misdirected Jury on Element of Food Stamp Fraud
B-674 – Trial Court Committed Prejudicial Error in Excluding Expert Opinion Testimony
B-675 – Two Charged Conspiracies Were Only One Conspiracy
B-678 – Court Failed to Instruct Jury That Simple Mayhem is LIO of Aggravated Mayhem
B-682 – Jury Was Not Instructed as to Mens Rea Necessary for Establishing Appellant’s Culpability as Aider
B-684 – Trial Court Erred by Failing to Inform Jury of Right to Have Testimony Re-Read
B-688 – Court Instructed Jury on Legally Incorrect Theory
B-689 – Trial Court Erred by Submitting to Jury Improper Theory of Murder
B-690 – Court Impermissibly in Effect Directed Jury to Find
B-691 – Trial Court Refused to Give Defendant’s Requested Instruction on Previous Threats
B-692 – Failure of Trial Judge to Adequately Instruct Jury
B-693 – Evidence and Authority Establish Only an Attempted Theft Occurred
B-694 – (Re: NCJIC 25.12.4 [Equally Reasonable Inferences Must Be Resolved In Favor Of Defendant: Applicability To Direct Evidence].)
B-695a – Trial Court Should Have Specifically Instructed on Defendants’ Third Party Defense
B-700 – Reversible Error for Court Not to Instruct Jury With LIO Instruction
B-701 – Trial Court Erred in Failing to Modify Flight Instruction
B-702 – Trial Court Erroneously Instructed Jury Attempted Murder Was LIO of Attempted Premeditated Murder
B-703 – Trial Court Erred in Permitting Prosecutor to Argue Erroneous View of Law
B-704 – Trial Court Erred in Failing to Give Sua Sponte Instructions on Unauthorized Entry and Loitering
B-705 – CALJIC 2.15 in Violation of Sixth and Fourteenth Amendments
B-706 – Kidnap-Murder Special Circumstance Finding Must be Stricken Because Inconsistent
B-707 – Court Erred in Instructing Jury It Could Disregard Defense’s Expert Witness
B-709 – Trial Court Erred in Failing to Instruct Jury Victim Must Have Been Reasonably Foreseeable
B-710 – Knowledge That Victim Alive During Asportation Not Part of Intent Element of Kidnapping
B-711 – Trial Court’s Failure to Give Limiting Instruction Violated Appellant’s Due Process Rights
B-712 – Gross Vehicular Manslaughter Requires Evidence of “I Don’t Care” Attitude
B-713 – Trial Court’s Failure to Define “Material Matter” Reversible Error
B-714 – Trial Court Erred in Refusing to Instruct on Voluntary Manslaughter
B-715 – Evidence Insufficient to Support Appellant’s Robbery Conviction
B-716 – Jury Instructions Deficient, Failed to Inform Jury Doe Could be Found to Have Committed Voluntary Manslaughter
B-717 – Trial Court Erred in Admitting Evidence of Allegation of Uncharged Similar Conduct
B-718 – Trial Court’s Erroneous Instructions Requires Reversal of Torture and Murder by Torture Counts
B-719 – Trial Court Erred in Failing to Instruct Jury on Involuntary Manslaughter as LIO to Murder
B-720 – Unlawful Killing Committed in “Heat of Passion” Voluntary Manslaughter
B-725 – Points and Authorities in Support of Petition for Writ Prohibition
B-727 – Trial Court’s Instruction that Life Sentence Without Parole Could Be Commuted by Governor
B-728 – Carjacking Is Not Committed By A Use Of Force Which Is Not Substantially Greater Than That Required To Take The Vehicle
B-729 – The Aiding And Abetting Instructions Omitted The Crucial Element That The Requisite Knowledge, Intent And Act Be Committed Prior to or During The Commission of The Offense
B-730 – Jury Incorrectly/Incompletely Instructed Re: Accomplice Principles
B-739 – Prejudicial Impact Of Erroneous Instruction On Flight
B-742 – Trial Court Committed Reversible Error by Refusing Defense Instruction Number 2
B-743 – Involuntary Manslaughter: Defined — Non-Inherently Dangerous Felony (PC 192(b)
B-744 – §246 Conviction Must Be Reversed Because Evidence Presented Does Not Support Conviction and Judge Erroneously Defined Critical Element of Offence
B-746 – Trial Court Erred in Failing to Instruct Jury That if Appellant Had Reasonable Good Faith Belief that Mr. C Was Dead During Asportation, Then Jury Must Find Appellant Not Guilty of Kidnapping
B-751 – Trial Court Committed Reversible Error by Informing Jury of Defendant’s Prior Conviction
B-757 – Antecedent Threat Doctrine Applies To Recent Threats Or Violence By Victim
B-758 – Trial Court Prejudicially Erred in Failing to Give Paragraph 2 of CALJIC 8.51
B-759 – Trial Court Erred Prejudicially by Refusing Doe’s Requested Instructions on Third-Party Consciousness of Guilt
B-767 – Respondent Should Not Be Permitted to Avoid the Express Language Of Proposition 8
B-768 – Admission of Prior Crimes Evidence to Show Propensity to Commit Charged Crime Violated Due Process
B-769 – Trial Court Violated Appellant’s Procedural Due Process Rights by Instructing Jury That Proof by a Preponderance of Evidence Was Sufficient for Conviction Rather Than Proof Beyond a Reasonable Doubt
B-770 – Appellant Denied Due Process Because Trial Court Prohibited Expert Witness From Testifying; Appellant Did Not Waive Instructional Error on Issue
B-771 – PC 190.2 (A)(21) Is Unconstitutionally Overinclusive
B-772 – Defense Theory That Failure To Provide Interpreter To Explain Duty To Register Violated Due Process
B-776 – Trial Court’s Giving of Defective CALJIC 10.61 Instruction Is Prejudicial
B-778 – Rules For Determining Whether The Evidence Justifies an Instruction: Evidence Must Be Viewed In Favor Of The Instruction
B-779 – Error To Give CJ 4.20 In Specific Intent Crime
B-780 – Unconsciousness As Technical Term Requiring Sua Sponte Definition
B-782 – Constitutional Challenge To HS 11532: Loitering With Intent To Commit Drug Offense
B-783 – PC 653f Not Applicable To Crimes Added To PC 264.1, PC 288 or PC 289 After 1980
B-784 – Subsequent Legislative Amendment: No Implied Amendment To Portions Of Statute Not Amended
B-786 – Failure to Instruct on All Elements of Firearm Enhancement is Error and Requires Reversal Unless Proven Harmless Beyond Reasonable Doubt
B-787a – Court’s Instructions Prejudicially Erroneous in Allowing Jury to Consider Whether Murder is “Natural and Probable Consequence” of Assualt
B-787b Natural And Probable Consequences Must Not Be Based On Target Offense In Abstract
B-788 No Reference To The Term Accomplice
B-789Unconsciousness: Improper To Instruct On Unconsciousness In Terms Of General Criminal Intent
B-790 – Petitioner’s Jury Was Not Required to Decide Crucial Material Issue
B-791 – The Trial Court Erred in Permitting Prosecutor To Question Mr. Doe About Debts
B-792 – Trial Court Erred in Instructing Jury with CALJIC 17.41.1 Over Appellant’s Objection
B-793 – Response To Jury Reinstruction Request Must Be Balanced
B-794 – Supplemental Instruction Should Not Tell Jury In What Order To Consider Issues
B-795 – Lesser Offense Liability For Aider And Abettor
B-796 – Felony Murder: Causation Requirement
B-797 – Court Erred in Giving Jury Instruction on Hit And Run, Necessity As Defense
B-798 – Multiple Counts: Whether Single Act Can Constitute Multiple Counts Of Attempted Murder
B-799 – Improper For Trial Judge To Direct Jury To Matters Adverse To The Defense In Guise Of “Comment On The Evidence”
B-800a – Court Committed Reversible Error, Urged Jurors to Inform on One Another
B-800b – Court Erred in Overruling Appellant’s Objection
B-800c – Court Erred in Giving CALJIC No. 17.41.1 Over Objection
B-800d – Trial Court Erred by Instructing Jury With CALJIC No. 17.41.1
B-800e – Trial Court Erred by Instructing Jury With CALJIC No. 17.41.1
B-800f – CALJIC 17.41.1 Violated Appellant’s Constitutional Rights
B-801 – Appellant Convicted of Nonexistent Crime
B-802 – CALJIC No. 12.01 Permitted Jury to Convict Without Reaching Questions of His Knowledge and Intent
B-803 – Appellant Was Denied Rights to State and Federal Due Process
B-804 – Trial Court Erred, Allowed Case to be Submitted to Jury on Two Theories of Cause of Death
B-805 – Jury Verdicts Reflect Jurors Found Appellant Guilty of Crime Not Charged in Information
B-806 – Court Had Sua Sponte Duty to Instruct Jury With CALJIC 8.55
B-807 – Insufficient Evidence of Elements of Vehicle Code Section 2800.3
B-808 – California Special Circumstances Scheme Violated 8th Amendment
B-809-i and B-809-ii – The Use of Legislative Intent Materials in California
B-810 – Murder Convictions Must Be Reversed Because Appellant Given Constitutionally Insufficient Notice
B-811 – Constitutional Error
B-812 – Appellant’s Rights to Due Process Violated by “Allen” Instruction Give
B-813 – Trial Court Erred in Not Providing Proper Hearing
B-814 – Defense Counsel Provided Prejudicially Ineffective Assistance
B-815a – CALJIC No. 2.50.01
B-815b – CALJIC No. 2.50.01, as Given, Violates Sixth and Fourteenth Amendments
B-816 – Trial Court’s Giving of CALJIC 3.01 and 3.02 Violated Appellant’s Right to Due Process
B-817 – Overbroad Definition of Natural and Probable Consequences in CALJIC 3.02 Violates Due Process
B-818 – Applicability of “Sentencing Entrapment”
B-819 – Trial Court Erred by Giving CALJIC 6.11 Which Applies in Overbroad Fashion
B-820 – PC 209.5 Is Unconstitutionally Vague on Its Face
B-821 – Instructions as to Count 2 Omitted Daniels/Rayford Element of Substantial Increase in Risk of Harm
B-822 – Admission of Child Annoyance and Peeping Tom Priors Violated Appellant’s Federal Rights to Due Process
B-823 – Trial Court Erred by Not Modifying CALJIC No. 3.02
B-824 – Beware of Potential Ramifications of Pleas of Nolo Contendre to PC 148
B-825 – Appellant’s Right to Impartial Jury Abridged by Trial Court’s Order
B-826 – Trial Court Abrogated Appellant’s State and Federal Constitutional Rights to Fair Trial by Jury
B-827 – Trial Court Committed Prejudicial Error by Giving Former CALJIC No. 2.50.01
B-828 – Natural and Probable Consequences Doctrine Creates Unconstitutional Presumption
B-829 – Evidence Insufficient Because Assault Not Natural and Probable Consequence of Intent to Commit Simple Battery
B-831 – Failure of Counsel to Investigate Postpartum Depression Violated Right to Effective Counsel
B-832 – Trial Court Erred Prejudicially in Giving Jury Instruction Irrelevant to Legal Issues
B-833 – Insufficient Evidence Appellant Carjacked Infant Against Her Will
B-834 – Insufficient Evidence Appellant Kidnapped Infant Against Her Will
B-835 – Prosecutor’s Closing Argument Based on Legally Incorrect Theory of Guilt
B-836 – Trial Court’s Instruction on Great Bodily Injury Allegation Prejudicially Erroneous
B-837 – Judgment on Count Two Must be Reversed Because Superior Court Failed to Instruct Jury Sua Sponte
B-838 – Trial Court Violated Appellant’s Due Process Right to Impartiality
B-839 – Trial Court Erred and Violated Appellant’s Due Process by Failing to Sua Sponte Instruct Jury
B-840 – Appellant Deprived of Effective Assistance of Counsel as Guaranteed Under Sixth Amendment
B-841 – Petitioner’s Jury Not Required to Decide Crucial Material Issue
B-842 – Trial Court Violated Appellant’s Sixth Amendment Rights by Refusing Request to Instruct on Defense Theory
B-843 – “Read-Back” and Valium Bottle Proceedings Also Violated Appellant’s Right to “Public Trial”
B-844 – Preponderance of Evidence Standard Violated Right to Require Proof Beyond Reasonable Doubt
B-845 – Trial Court Committed Reversible Error by Not Giving CALJIC No. 3.16
B-846 – Trial Court Misinstructed Jury on Element of Crime
B-847 – Jury Could Have Rendered Guilty Verdict Without Considering Evidence, Warranting Reversal
B-848 – Felony False Imprisonment Is Specific Intent Crime
B-849 – Instructing That Intoxication Could Not Diminish Appellant’s Culpability Took Mistake-of-Fact Issue Away
B-850 – Court’s Failure to Define Level of Force Required to Convict
B-851 – Firearms Sentencing: 10 / 20 / Life (PC 12022.53): Ex Post Facto Challenge
B-852 – Appellant’s Life Sentence Under PC 667.7 Must Be Reversed Since Appellant Deprived of 6th Amendment Right
B-853 – Other Sexual Offenses: Constitutional Challenge To Proof Of Propensity By Other Acts
B-854 – Instruction On Other Sexual Offenses: Constitutional Challenge Based On Inability To Adequately Instruct The Jury
B-855 – Whether Failure To Give Accomplice Instruction Constitutes Structural Error Under The Federal Constitution
B-856 – Conflict Between CJ 3.30 And Knowledge Requirement For Controlled Substance Offenses
B-857 – Court’s Failure to Consider Appelant’s Cultural Background Denied Him Equal Protection
B-858 – Kidnapping To Commit Robbery: Requirement That Simple Kidnapping Be Committed (PC 208)
B-859 – Unlawful Penetration By Foreign Object — Lack Of Consent, Intoxicants, Unconsciousness, Etc.: Jury Must Find Fraud “In Fact” (PC 289(d),(e))
B-860 – Definition of Rape in CALJIC 10.00 Constitutionally Deficient by Failing to Define “Sexual Intercourse”
B-861 – Admission of Testimony about Appellant’s Alleged Domestic Abuse and Delivery of CALJIC 2.50.02 Deprived Appellant of Due Process to Fair Trial
B-862 – Trial Court Erred by Permitting Jury to Find Appellant Committed Burglary Based on Mental State Legally Insufficient for Essential Element of Burglary
B-863 – Violation of Appellant’s 6th & 14th Amendment Rights by Refusing Defense Request to Instruct on Lesser Included Offense
B-864 – Court Failed to Instruct Re: Essential Elements Relating to Applicability of PC 667.61 Requiring Appellant’s Life Sentences Be Stricken
B-865 – Jury Should Disregard Prior Consistent Or Inconsistent Statements If Witness No Longer Remembers Events
B-866 – Respondent Is Estopped From Arguing That The Instructions On Imperfect Self Defense And Heat Of Passion Were Not Warranted By The Evidence
B-867 – “Abiding Conviction,” Must Be Defined To Avoid Confusion With The Clear And Convincing Evidence Standard
B-868 – Defense Counsel’s Failure to Request Expanded Eyewitness Jury Instructions Requires Reversal
B-869 – Judgment Must Be Reversed Since Jury Erroneously Instructed That “Duress” Includes “Hardship”
B-870 – Improper Presumption Of Elements
B-871 – Insufficient Evidence and Insufficient Jury Instructions to Base Conviction of Cultivation of Marijuana
B-872 – Reversible Error When Trial Court Failed to Give CALJIC 17.01 Sua Sponte
B-873 – Judgment Must be Reversed Because Court Failed to Instruct Jury Affirmative Defense of Self-Defense Applied to Enhancement as Well as to Underlying Charges
B-874 – Duty To Instruct on Use Of Force In Defense Of Another
B-875 – Second Degree Residential Burglary Is Not A Serious Felony (PC 1192.7(c))
B-876 – Evidence Insufficient to Prove “Strike” Allegation Which Court Found True
B-877 – Judge Violated Constitutional Mandate of Apprendi by Using PC 667.6 (d) to Impose Full Strength Mandatory Consecutive Sentences Without Factual Decisions When Submitted to Jury
B-878 – Violation of Due Process by Giving CALJIC 2.50.02 Which Jury Applied Arbitrary Inference of Appellant’s Guilt Based on Prior Acts of Domestic Violence
B-879 – Reversible Error by Failing to Instruct Sua Sponte on Lesser Included Offense of Misdemeanor Dissuading of Witness
B-880 – CJ 8.25.1 Improperly Directs Verdict on First Degree Drive-By Murder by Failing to Define Premeditation And Deliberation
B-881 – CJ 8.26 Improperly Expanded The California Felony Murder Rule
B-882 – Error in Failing to Instruct Jury with Regard to Lesser Included Offenses of PC 269
B-883 – Counsel Failed to Request Instruction That Charges Must Be Considered Separately
B-884 – Court Has Sua Sponte Duty to Instruct The Jury That It Could Not Consider His Prior Conviction as Evidence of Criminal Propensity
B-885 – Violation to Permit Finding of Guilt Based on Other Sexual Offenses/Other Domestic Violence Offenses
B-886 – Failure to Challenge Admission Of Recovered Memory (Repressed Memory Syndrome) Falls Below Competent Assistance
B-887 – Court Committed Prejudicial Error When It Responded To Jury Request For Definition of Reasonable Doubt By Informing Jury That Reasonable Doubt Is Something More Than 50 Percent And Less Than 100 Percent Certainty
B-888 – Prosecutor Committed Misconduct and Violated Appellant’s 6th Amendment Right When Trivializing Concept of Reasonable Doubt and Appealing to Jury’s Passions/Prejudice
B-889 – Culture/Cultural Background As Relevant To Heat Of Passion (PC 192(a))
B-890 – Juror Unanimity As To Predicate Acts by Lack of Instruction
B-891 – Definition Of Rape Constitutionally Deficient By Failing To Define “Sexual Intercourse”
B-892 – Felony Murder: Aider And Abettor — Failure To Give CJ 8.27 Sua Sponte As Reversible Error
B-893 – Kidnapping To Commit Sex Offense: Substantial Distance Requirement For Simple Kidnapping Must Be Established
B-894 – Rape: Definition Of Duress And Menace
B-895 – Sex Offender Registration: Sua Sponte Duty To Instruct On Actual Notice And Actual Knowledge
B-896 – Definition Of Domicile And Residence
B-922 – Improper To Give CJ 1.22 (Definition Of Malice) In A Murder Case
B-923 – Failure To Give CJ 2.22: Prejudicial Error
B-924 – No Aider And Abettor Liability When Perpetrator Acquitted (PC 31)
B-925 – Error in Instruction on Civil Negligence Standard in Criminal Case with Mens Rea General Intent
B-926 – Trial Court Improperly Directed Jury to Presume That Possession of Shank Involved Actual Threat of Force or Violence or Implied Use of Force or Violence
B-950 – Federal Constitutional Challenge To CJ 2.15 — Possession Of Property: “Slight Corroboration” Requirement Violates Due Process
B-951 – Trial Court Erred by Failing to Give Instruction on Possession Of Recently Stolen Property: Interplay Between Recency And Corroboration Requirement
B-952 – Spouse Or Cohabitant Beating: Specific Intent Instruction Required When PC 273.5 Is Charged
B-953 – Applicability Of Battered Person Syndrome To Imperfect Self-Defense
B-954 – Appellant Denied Right to Effective Counsel Assistance and Omission Deprived Appellant of Right to Due Process
B-955 – Error to Improperly Place Burden of Proof on Defendant
B-956 – Court Deprived Appellant Fair Trial When It Failed and Refused to Instruct Jury on Essential Elements of Involuntary Manslaughter
B-957 – Refusal Of Sobriety Test: No Obligation To Take Second Test
B-958 – “Abiding Conviction,” Must Be Defined To Avoid Confusion With The Clear And Convincing Evidence Standard
B-959 – Failure To Give CJ 2.91 As Reversible Error
B-960 – Court Should Have Instructed Based on Intoxication And/Or Mental Disease To Negate Malice
B-961 – Jury Received Incorrect and Incomplete Instructions on Proximate Cause
B-962 – Alibi: Aider And Abettor Or Conspirator: Prejudicial To Include Conspiracy When Not Presented By The Evidence
B-963 – Attempted Murder: Attempted Voluntary Manslaughter As Lesser Included
B-964 – Attempted Murder: Transferred Intent Not Applicable
B-965 – Error to Instruct Jury That Menace Includes Threat of Unlawful Confinement of a Person or Ancestor
B-966 – Appellant’s Convictions on Counts 1 and 2 for Violating PC 269 Violated Constitutional Prohibitions on Ex Post Facto Punishment
B-967 – Kidnapping for Purpose of Rape Conviction Must Be Reversed Since Not Supported by Substantial Evidence
B-968 – Judge Erroneously Denied Kelly Hearing
B-969 – Series Of Wrongful Taking Acts May Constitute Only A Single Offense
B-970 – Adoptive Admissions Must Be Viewed With Caution
B-971 – The Merits Of Arguments III And XV Of The Appellate Briefing Are Further Supported By U.S. Supreme Court Authority Issued After The Reply Brief
B-972 – VC 2800.2 Is Violative of Due Process Since It Contains Improper Mandatory Presumption
B-973 – Juror Misconduct: Source And Means Of Juror Exposure To Extrinsic Evidence
B-974 – Effect of Argument on Instructional Error
B-975 – Limitations on Expert Testimony Regarding Gangs
B-976 – Antecedent Threats to the Defendant Justify Quicker and Harsher Measures
B-977 – Imperfect Self-Defense: Definition of “Wrongful Conduct”
B-978 – Contrived Self-Defense Instruction Should Not Be Given Absent Instruction
B-979 – Presence of Inadmissible Prejudicial Evidence Created Presumption of Prejudice
B-980 – Standard Motive Instruction Violated Federal Due Process
B-981 – Instruction Denied Defendant His Substantial Rights and Requires Reversal
B-982 – Duty To Instruct On Accident; Prejudice From Failure To So Instruct