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 100.6 Note 1 |
Opening Argument Before Voir Dire |
F 101.1 Note 1 |
Pretrial Admonition |
F 102 Inst 3 (a & b) |
Juror Note Taking: Advisement That Argument Of Counsel May Not Be Readback To The Jury |
F 102 Note 3 |
Juror Note Taking: Required Upon Request |
F 102 Note 4 |
Note Taking: Whether A Judge "Must Inform" Jurors "At Beginning Of Trial" |
F 103.1 Inst 6 |
Arrest, Charges And Trial Are Not Evidence |
F 104.1 Inst 7 |
Jurors To Disregard Non-Testifying Defendant’s Courtroom Appearance, Conduct And Demeanor |
F 104 Note 3 |
Juror Note Taking: Advisement That Argument Of Counsel May Not Be Readback To The Jury |
F 106 Note 2 |
Questions By Jurors: Additional Safeguards Not Referred To In Rule 2.1033 |
F 106 Inst 2 |
Right To Submit Questions At Any Time |
F 220.2 Inst 2 |
California Case Law Requires The Prosecution To Prove Every Element |
F 220.2 Inst 3 |
The Jury Should Be Instructed Using The "Each Element" Formulation Of The January 2006 Version Of CALCRIM 220 |
F 222 Note 1 |
Juror Note Taking: Advisement That Argument Of Counsel May Not Be Readback To The Jury |
F 253 |
UNION OF ACT AND INTENT: CRIMINAL NEGLIGENCE |
F 253 Inst 1 |
Union of Act and Intent: Criminal Negligence – Applicability To Multiple Acts Or Course Of Conduct |
F 253 Inst 2 |
Union of Act and Intent: Criminal Negligence – Act Must Be "Committed" |
F 253 Inst 3 |
Instruction Should Be Tailored To Facts |
F 253 Note 1 |
Union of Act and Intent: Criminal Negligence – CALCRIM Cross-References And Research Notes |
F 303 Note 7 |
Final Instructions Should Repeat The Cautionary Instructions Regarding Juror Questions To Witnesses |
F 315.1.1 Inst 6 |
Eyewitness Identification: Instruction As Sanction For Loss Of Original Photographs |
F 317 Inst 1 |
Prior Statement Of Deceased Declarant In Gang Case |
F 330 Inst 3 |
Evaluation Of Witness Believability: Applicability To Out-Of-Court Declarant |
F 330 Note 1 |
Testimony of Child 10 Years of Age or Younger: CALCRIM Cross References And Research Notes |
F 330 Note 2 |
Child Witness Instruction: Due Process And Equal Protection Challenges |
F 331 |
TESTIMONY OF PERSON WITH DEVELOPMENTAL, COGNITIVE, OR MENTAL DISABILITY |
F 331 Inst 1 |
Witness Evaluation Should Focus On Truth And Accuracy |
F 331 Inst 2 |
Witness With Mental Disability: Cautionary Instruction |
F 331 Inst 3 |
Evaluation Of Witness Believability: Applicability To Out-Of-Court Declarant |
F 331 Note 1 |
Testimony of Person With Developmental, Cognitive, or Mental Disability: CALCRIM Cross References And Research Notes |
F 331 Note 2 |
Witness With Developmental, Cognitive, or Mental Disability: Due Process And Equal Protection Challenges |
F 332 Inst 16 |
Limiting Instruction When Expert Relies On Hearsay |
F 371(A-4) Inst 5 |
Instruction As Sanction For Prosecution’s Loss Or Destruction Of Evidence Generally |
F 371(A-4) Inst 6 |
Instruction As Sanction For Prosecution’s Loss Of Original Line Up Photos |
F 371(A-4) Inst 7 |
Instruction As Sanction For Loss Of Alibi Witness Due To Prosecution’s Unjustified Delay |
F 402.5 Inst 6 |
Separation Of Compound Elements; Enumeration Of Non-Target Offense Elements |
F 440 |
ACCESSORIES |
F 440 Inst 1 |
Failure Or Refusal To Give Information Not Alone Sufficient For Accessory Liability |
F 440 Note 1 |
Accessories: CALCRIM Cross References And Research Notes |
F 440 Note 2 |
Whether Perpetrator May Be Convicted As Accessory |
F 505.4 Inst 1 |
Assaultive Character To Show Victim Acted In Conformity With Character |
F 505.4 Inst 2 |
Evidence Of Assaultive Acts To Show (1) Victim Acted In Accordance With Character And (2) That Defendant Had An Honest And Reasonable Belief In The Need To Defend |
F 521.5 |
MURDER: DEGREES – ELEMENTS AND DEFINITIONS |
F 521.5 Inst 1 |
Lying In Wait: Express Instruction On "Substantial Period Of Waiting" |
F 540A.6 Inst 5 (a-d) |
Felony Murder: Applicability Of Duress/Coercion To Underlying Felony |
F 763.12 (Factor k) Inst 6 |
Mercy Can Itself Be A Mitigating Factor |
F 820 Note 1 |
Assault Causing Death Of Child: CALCRIM Cross-References And Research Notes |
F 820 Note 2 |
PC 273ab Not Unconstitutional: Malice Not Required |
F 821.5 Inst 7 |
Concurrence Of Act And Criminal Negligence |
F 851 Note 10 |
Battered Person Expert To Negate Malice Or Support Self-Defense Theory |
F 853 Note 16 |
Definition Of "Care Custodian" |
F 860.6 Inst 2 |
Effect Of Intent To Frighten |
F 860.6 Inst 3 |
Pinpoint Instruction: Intent To Frighten As Defense Theory |
F 860.6 Inst 4 |
Pinpoint Instruction: Intent To Frighten |
F 860 Note 11 |
Aggravated Assault: Unprotected Consensual Sexual Intercourse By HIV Positive Individual |
F 1000 Note 11 |
Assault With Intent To Rape Not LIO Of Attempted Rape |
F 1200.4 Inst 2 (a – b) |
Substantial Movement And Increased Danger Elements May Not Be Inferred Solely From Movement Of Victim To More Secluded Location |
F 1200.5 Inst 2 (a – b) |
Substantial Movement And Increased Danger Elements May Not Be Inferred Solely From Movement Of Victim To More Secluded Location |
F 1201.4 Inst 2 (a-b) |
Substantial Movement And Increased Danger Elements May Not Be Inferred Solely From Movement Of Victim To More Secluded Location |
F 1201.5 Inst 3 (a-b) |
Substantial Movement And Increased Danger Elements May Not Be Inferred Solely From Movement Of Victim To More Secluded Location |
F 1202.4 Inst 4 (a – b) |
Substantial Movement And Increased Danger Elements May Not Be Inferred Solely From Movement Of Victim To More Secluded Location |
F 1202.5 Inst 4 (a – b) |
Substantial Movement And Increased Danger Elements May Not Be Inferred Solely From Movement Of Victim To More Secluded Location |
F 1203.4 Inst 4 (a-b) |
Substantial Movement And Increased Danger Elements May Not Be Inferred Solely From Movement Of Victim To More Secluded Location |
F 1203.5 Inst 7 (a-b) |
Substantial Movement And Increased Danger Elements May Not Be Inferred Solely From Movement Of Victim To More Secluded Location |
F 1204 Note 10 |
Attempted Kidnapping For Carjacking (PC 209.5): Completed Carjacking Is A Required Element |
F 1700.4 Inst 2 (a-c) |
Burglary: Required Intent May Not Be Inferred From Entry Itself |
F 1801.2 Inst 4 |
Grand Theft From The Person: Taking Of Property After Victim Flees |
F 1801 Note 3 |
Grand Theft From The Person (PC 487(2)): Taking Property After Victim Flees |
F 1863 Note 8 |
Claim Of Right: Overlap With Mistake Of Fact |
F 2140 Note 6 |
Hit And Run: Applicability To Person Who Did Not Commit The Underlying Offense |
F 2302.9 |
Possession For Sale Of Controlled Substance—Lesser Offense Issues |
F 2302.9 Inst 1 |
Pinpoint Instruction: Simple Possession As Lesser Offense |
F 2360.6 Inst 3 |
Medical Marijuana: Prosecution Must Prove That The Transportation Was Not Reasonably Related To The Patient’s Medical Needs |
F 2360.6 Inst 4 |
Medical Marijuana Defense: Jurors Must Not Second Guess Physician’s Determination That Medical Use Of Marijuana Is Appropriate |
F 2360.6 Inst 5 |
Medical Marijuana Defense: Defendant Need Not Be "Seriously Ill" |
F 2360 Note 14 |
Compassionate Marijuana Use: Charge Of Possession For Sale Does Not Preclude Defense Where Defendant Is Charged With Lesser Included Offense Of Simple Possession |
SERIES 2800 |
TAX CRIMES |
F 2800 |
Failure to File Tax Return [Reserved] |
F 2801 |
Willful Failure to File Tax Return |
F 2801 Inst 1 |
Existence Of Tax Deficiency Should Be Included As Enumerated Element |
F 2801 Note 1 |
Willful Failure to File Tax Return: CALCRIM Cross References And Research Notes |
F 2801 Note 2 |
Whether Tax Deficiency Must Be Substantial |
SERIES 2600-2700 |
CRIMES AGAINST GOVERNMENT |
F 2640 |
Perjury |
F 2640 Inst 1 |
Perjury: Stating that Something Is True With Inadequate Knowledge (PC125) — Requirement Of Total Ignorance |
F 3146.5 Inst 2 |
Personal Use of Firearm: Requirement Of Threat To Use Firearm (PC 12022.5) |
F 3406 Note 1 |
Mistake of Fact: CALCRIM Cross References And Research Notes |
F 3406 Note 2 |
Right To Instruction On Mistake Of Fact |
F 3406 Note 3 |
Claim Of Right: Overlap With Mistake Of Fact |
F 3160 Note 9 |
Group Attack: Constitutional Claim—Failure To Require Finding Of Personal Infliction |
F 3500.2 Inst 1 |
Unanimity: Enumeration Of Acts |
F 3515.2 Note 3 |
Multiple Counts: Multiple Victims |
F 3515.2 Note 20 |
Conviction Of Both Carjacking And Robbery |
F 3550 Note 1 |
Procedures And Instructions Re: Juror Deadlock |
F 3550 Note 2 |
Propriety Of Giving The "Virga Firecracker" Instruction To A Deadlocked Jury |
Article Bank CCA-004 |
The Jury Should Be Instructed That It Must Find "Each Element" Or “Every Element” Of The Charge |