OPINION BANK

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Opinion Bank – Contents

O-102 – Felony Murder: Failure To Request Lesser Misdemeanor As Ineffective Assistance Of Counsel
O-105 – Court Did Not Commit Reversible Error In Refusing To Give A Defense Instruction Stating That Mere Possession Of Narcotics Would Not Justify A Forfeiture
O-108 – Applicability Of Merger Doctrine To Arson Murder Allegation
O-110 – Felony Murder: Misdemeanor As Lesser Included Offense Of Burglary
O-117 – Unconsciousness: Evidence Justifying Instruction
O-135 – Continuous Sexual Abuse Of A Child — Juror Unanimity Required As To Single Victim When Charges Include Multiple Victims
O-136 – Battered Person Syndrome As Relevant To Defenses Of Duress, Coercion, Necessity, Choice Of Evils, Etc.
O-150 – The People v. Rowe, Actual Evidence of Making Methamphetamine
O-151 – Burglary: Lack Of Notice As To Intended Crime As Defense Theory
O-178 – Consent: Improper To Define As “Positive Cooperation In Act”
O-182 – Determination Of Deadly Weapon: Two-Pronged Jury Finding Required
O-189 – Conditional Assault: Lack Of Intent To Immediately Enforce Performance Of The Condition As Defense Theory
O-192 – Child Abuse/Neglect/Endangerment: Definition Of “Care” And “Custody”
O-193 – Hate Crimes: Defense Theory That Defendant Did Not Personally Harbor The Required Mental State
O-199 – Assault On Police Officer: Defense Theory That Simple Assault Or Assault With A Deadly Weapon Are Lesser Included Offenses
O-207 – Retail Theft: No Completed Theft When Store Personnel Consent To Taking Merchandise Outside
O-215 – Felony Murder Death Qualifier: Requires Subjective Appreciation Of The Life-Threatening Risk, Even If Defendant Was A Major Participant
O-217 – Mayhem: Intent Not To Be Inferred From Injuries Alone
O-235 – Defense Theory That Shooting Within A Building Does Not Violate A Statute Proscribing Shooting At Inhabited Dwelling
O-244 – People v. Morehouse (Unpublished Opinion)
O-246 – People v. Ray (Unpublished Opinion)
O-249 – Intervening Cause: Need Not Be Committed By Third Party
O-250 – Distinction Between Substantive Gang Offense (PC 186.22(a)) And Gang Enhancement (PC 186.22(b))
O-251 – Conflict Between Instructions Does Not Clarify Which Applies / Evidence Of Other Sexual Offenses (EC 1108): Jury Must Find Defendant Guilty Of Charged Offense Beyond A Reasonable Doubt
O-252 – Evidence Of Other Sexual Offenses (EC 1108): Jury Must Find Defendant Guilty Of Charged Offense Beyond A Reasonable Doubt
O-253 – Sale Of Drugs: Conspiracy To Transport (HS 11352 & HS 11379)
O-254 – Modification of self-defense instruction
O-255 – Lesser Included Checklist: Perjury (PC 118): Submitting False Statements To The DMV (VC 20, VC 4000.1) Is Lesser Included Of Perjury (PC 118)
O-256 – Definition Of Implied Malice
O-257 – Other Uncharged Crimes: Must Be Limited To Applicable Count / Uncharged Crime: Common Plan Theory Evidence Admissible Only To Show Charged Act(s)
O-258 – Registration Of Sex Offender: Requirement Of Registration For Non-Forcible Oral Copulation With Minors Violates Equal Protection
O-259 – Conspiracy To Commit Murder: Jury Need Not Determine Degree (PC 182) / Felony Murder Rule Inapplicable To Conspiracy To Commit Assault With A Deadly Weapon
O-260 – Implied Malice: Mother’s Failure To Care For Newborn Child
O-261 – Theft: Abandoned Property
O-262 – Unanimity As To Act Constituting Murder
O-263 – Court Error in Instructing Jury on “Useable Amount” Element of Drug Possession Charge Harmless
O-264 – Evidence Of Other Sexual Activity With Same Victim To Show Actual Consent Or Reasonable Belief In Consent / Evidence Of Other Sexual Activity With Same Victim: Consideration As To Actual Consent And/Or Good Faith Belief In Consent
O-265 – Appellate Challenge To Out-Of-State Serious Prior Based On Failure To Establish Which Theory Was The Predicate For The Prior
O-266 – Lesser Offense Liability For Aider And Abettor
O-267 – Use Of Force In Defense Of Another: Duty To Instruct
O-268 – Resisting Executive Officer (PC 69): Error To Instruct Jury That Prison Guards Are Executive Officers; Resisting Executive Officer (PC 69): Requirement Of Specific Intent
O-269 – Uncharged Acts As Propensity Evidence
O-270 – Intimidation Of A Witness: Misdemeanor Intimidation As Lesser Included Offense Of Felony Intimidation
O-271 – Proof Beyond A Reasonable Doubt Requires That Jurors Be More Than “Firmly Convinced” Of The Defendant’s Guilt
O-272 – Board Of Prison Regulations Charged To Comply With People v. Bright
O-273 – Juror Unanimity: Sexual Molestation (PC 288)
O-314 – Improper To Give CJ 1.22 (Definition Of Malice) In A Murder Case; Imperfect Self-Defense
O-315 – Failure To Give CJ 2.22: Prejudicial Error