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FORECITE Fall 2009 Newsletter

Please note that this page only contains the table of contents of the Fall 2009 newsletter.

Please select the link below to download the latest FORECITE newsletter in its entirety.

FALL 2009 FORECITE NEWSLETTER
(Right Click on link and "Save As")


Fall 2009 FORECITE Newsletter
Table of Contents

PRACTICE GUIDE

PG V(A)(15) Sua Sponte Duties In Civil Commitment Proceedings
LIO VI (LIO CHK) LESSER INCLUDED CHECKLIST

CALCRIM

F 100.3 Inst 1 (a-c) Self Representation Instructions
F 100.3 Note 1 Self-Representation: Waiver Must Be Obtained At Time Defendant Is Bound Over For Trial In Superior Court
F 100.3 Note 2 Self-Representation: Right To Advisory Counsel In Non-Capital Cases
F 100.3 Note 3 Self-Representation On Appeal: Denial Of Access To Law Library Not Sufficient Basis For Denial
F 100.3 Note 4 Self-Representation: Advising Accused As To Privilege Against Self-Incrimination
F 100.3 Note 5 Self-Representation: Failure To Allow Defendant To Proceed Pro Per As Reversible Error
F 100.3 Note 6 Self-Representation: Mental Competency Of Defendant
F 100.3 Note 7 Self-Representation: Waiver Must Be Knowing And Voluntary
F 100.3 Note 8 Self-Representation: Applicability To Penalty Phase Of Death Penalty Trial
F 100.3 Note 9 Self-Representation: Termination Or Revocation For Out-Of-Court Conduct
F 100.3 Note 10 Courtroom Security: Self-Representation—Exclusion Of Pro Se Defendant From Sidebar Conferences
F 100.3 Note 11 Forfeiture Of Right To Counsel By Misconduct: Due Process Requires Warning
F 100.3 Note 12 Self-Representation: Self-Representation At Trial Does Not Preclude Representation By Counsel At Sentencing
F 100.3 Note 13 Self-Representation On Appeal
F 100.3 Note 14 Self-Representation: Self-Representation At Trial Does Not Preclude Representation By Counsel At Motion For New Trial
F 104.5 Inst 1

Error To Imply That Jurors’ Recollection Or Notes Are Per Se Less Accurate Than The Reporter’s Notes
F 107 Pro Per Defendant
F 107 Inst 1 (a-c) Self-Representation Instructions
F 107 Note 1 Self-Representation: Waiver Must Be Obtained At Time Defendant Is Bound Over For Trial In Superior Court
F 107 Note 2 Self-Representation: Right To Advisory Counsel In Non-Capital Cases
F 107 Note 3 Self-Representation On Appeal: Denial Of Access To Law Library Not Sufficient Basis For Denial
F 107 Note 4 Self-Representation: Advising Accused As To Privilege Against Self-Incrimination
F 107 Note 5 Self-Representation: Failure To Allow Defendant To Proceed Pro Per As Reversible Error
F 107 Note 6 Self-Representation: Mental Competency Of Defendant
F 107 Note 7 Self-Representation: Waiver Must Be Knowing And Voluntary F 107 Note 8 Self-Representation: Applicability To Penalty Phase Of Death Penalty Trial
F 107 Note 9 Self-Representation: Termination Or Revocation For Out-Of-Court Conduct
F 107 Note 10 Courtroom Security: Self-Representation—Exclusion Of Pro Se Defendant From Sidebar Conferences
F 107 Note 11 Forfeiture Of Right To Counsel By Misconduct: Due Process Requires Warning
F 107 Note 12 Self-Representation: Self-Representation At Trial Does Not Preclude Representation By Counsel At Sentencing
F 107 Note 13 Self-Representation On Appeal
F 107 Note 14 Self-Representation: Self-Representation At Trial Does Not Preclude Representation By Counsel At Motion For New Trial
F 202 Inst 1 Jurors Should Not Be Required To Accept The Reporter’s Notes As Accurate
F 358 Inst 2 (a & b) Confessions And Admissions: When Exculpatory Statements Included
F 400.9 Inst 1

Aiding And Abetting: "Equally Guilty" Language Improper When Accomplice May Be Convicted Of Lesser Offense Than Perpetrator
F 402.5 Inst 4

When Is First Degree Murder A Natural And Probable Consequence Of The Target Offense
F 402.8 Inst 1

Multiple Target Offenses: Non-Target Offense Must Be Natural And Probable Consequence Of Whichever Target Offense The Jurors Find
F 402 Note 24 Natural And Probable Consequences And Premeditation
F 505.2 Inst 4

Antecedent Threats: Modification Of Burden Shifting Language
F 505 Note 12 CALCRIM 505 Should Not Be Used For Non-Homicide Target Crimes In A Homicide Prosecution Based On The Natural And Probable Consequences Doctrine Of Aider And Abettor Liability
F 603 Note 1 Additional Issues Regarding Heat Of Passion
F 604 Note 1 Additional Issues Regarding Imperfect Self-Defense
F 640 Note 2 Additional Acquittal First Issues
F 641 Note 2 Additional Acquittal First Issues
F 875 Inst 1 Pinpoint Instruction: Unloaded Gun
F 1202 Note 7 Fraud Or False Promises As “Force Or Fear”
F 1203 Note 10 Fraud Or False Promises As “Force Or Fear”
F 1204 Note 11 Fraud Or False Promises As “Force Or Fear”
F 1215 Note 9 Fraud Or False Promises As “Force Or Fear”
F 1701.2 Inst 1 (a & b) Burglary: Inhabitation Must Be "Current"
F 1820 Note 6 Presumption Of Embezzlement Improper In VC 10851 Case
F 1863 Note 9 Claim Of Right Based On Accomplice’s Ownership Of Property May Negate Intent To Steal
F 2440 Note 3 Maintaining A Place For Controlled Substance Sale Or Use: Not Applicable To Repeated Sole Use Of Drugs At Home
F 2671 Note 1 Battery On Custodial Officer: Erroneous Language
F 2723 Note 1 Battery By Prisoner On Non-Prisoner (PC 4501.5 Is Lesser Included (LIO) Of Gassing (PC 4501.1)
F 3115.3 Inst 1 Arming: Elements Of “Facilitative Nexus”
F 3115.5 Inst 3 Arming: Firearm Must Be Available For Use
F 3470 Note 10 Excessive Force Principals Apply To Arrests By Both Police Officers And Citizens
F 3470 Note 11 CALCRIM 505 Should Not Be Used For Non-Homicide Target Crimes In A Homicide Prosecution Based On The Natural And Probable Consequences Doctrine Of Aider And Abettor Liability
F 3550 Note 10 Judicial Misconduct: Informing Jury That Their Verdict Was Inconsistent

ANNOTATED LIST OF CALCRIM INSTRUCTIONS
DISCUSSED IN THE CASE LAW

Thirty-six new annotations (over 200 annotations total) on over 110 CALCRIM instructions

FALL 2009 CALCRIM REVISIONS
WITH FORECITE CRITIQUE AND COMMENTARY

RECENT CASE LAW UPDATE


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