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FORECITE October 2006 Newsletter 

New and Updated Practice Notes And Instructions 

Please note that this page only contains the table of contents of the October 2006 newsletter. 
Please select the link below to download the latest FORECITE newsletter in its entirety.
 

OCTOBER 2006 FORECITE NEWSLETTER

 


 October 2006 FORECITE Newsletter
Table of Contents
 

PRACTICE GUIDE 

PG V (A)(8) Terms With Specialized/Technical Meaning: Sua Sponte Duty to Define
PG X(B)(14) Standard Of Prejudice: Misinstruction Or Conflicting Instructions On An Element Of The Offense
PG X(G)(3) Argument Of Counsel Cannot Substitute For Instruction
PG X(G)(5)  Counsel Should Not Be Permitted To Argue Differing Views Of The Law
PG X(G)(7) Counsel’s Argument As To Legal Meaning Of Instruction Is Crucial When Instructions Are Ambiguous Or Insufficient

 


CALJIC 

F 2.70k Unrecorded Statements To Undercover Police Agent Must Be Viewed With Caution
F 2.71j Unrecorded Statements To Undercover Police Agent Must Be Viewed With Caution
F 2.90b Rejection or Disbelief Does Not Satisfy Prosecution’s Burden
F 4.36a Mistake Of Law: Negates Specific Intent
F 4.003a Mistake Of Law May Negate Specific Intent
F 12.85 n9  Flight From Officer (VC 2800.2): Sufficiency Of Evidence Regarding Activation of Red Light
CHK III Checklist: Technical Terms and Definitions

 


CALCRIM 

F 103.2 Inst 2 Prosecutor Must Prove Every Essential Element
F 103.4 Inst 4 (a& b) Rejection Or Disbelief Of Defense Evidence Does Not Satisfy The Prosecution’s Burden of Proof
F 105.2 Inst 1 (a&b) Improper To Imply A Defense Obligation To “Disprove” The Truth Or Accuracy Of Testimony
F 200.5 Inst 2 Counsel’s Argument That A Specific Rule Is Included In A General Instruction
F 220.2 Inst 3 The Jury Should Be Instructed Using The “Each Element” Formulation Of The January 2006 Version Of CALCRIM 220
F 220.2 Note 12 Other Jurisdictions Instruct The Jurors On The Prosecution’s Burden To Prove Every Element
F 358 Inst 13 Unrecorded Statements To Undercover Police Agent Must Be Viewed With Caution
F 415.6 Inst 5 Mistake Of Law As Defense Theory To Specific Intent Element Of Conspiracy
F 2181 Note 6 Flight From Officer (VC 2800.2): Sufficiency Of Evidence Regarding Activation of Red Light
F 3407 Inst 3 (a&b) Mistake Of Law May Negate Specific Intent
F 3407 Inst 5 Pinpoint Instruction On Mistake Of Law
F 3407 Inst 6 (a-c) Vagueness Of Law As Relevant To Mistake Of Law

 


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