SERIES 1800 THEFT AND EXTORTION
F 1860 Owner’s Opinion Of Value
TABLE OF CONTENTS
F 1860.1 Titles And Identification Of Parties
F 1860.1 Inst 1 Owner’s Opinion Of Value—Title
F 1860.1 Inst 2 “Alleged” Owner’s Opinion Of Value.
F 1860.2 Owner’s Opinion Of Value—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1860.3 Owner’s Opinion Of Value—Language That Is Argumentative, Confusing, Etc.
F 1860.3 Inst 1 Jury Should Consider Truth And Accuracy Of Testimony
F 1860.3 Inst 2 Alleged Owner’s Opinion Of Value: Jurors Need Not Provide A Reason For Rejecting Testimony
Return to Series 1800 Table of Contents.
F 1860.1 Titles And Identification Of Parties
F 1860.1 Inst 1 Owner’s Opinion Of Value—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1860.1 Inst 2 “Alleged” Owner’s Opinion Of Value.
*Modify CC 1860, Title, as follows [added language is underlined]:
1860. Alleged Owner’s Opinion of Value
Points and Authorities
If there is an issue as to the ownership of the property, the title should avoid commenting on that issue by adding “alleged.” (See e.g., CALCRIM 1980, sentence 1.)
See also FORECITE F 103.2 Inst 1; F 103.2 Inst 3.
WARNING! Federal constitutional claims may be lost without proper federalization—To preserve federal claims counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 5.4.1 [Instructions That Suggest An Opinion As To An Essential Fact, An Element Or Guilt]
FORECITE CG 5.4.2 [Argumentative Instructions Not Suggesting Opinion On Guilt]
FORECITE CG 5.4.3 [Undue Emphasis Of Specific Evidence]
In death penalty cases additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 1860.2 Owner’s Opinion Of Value—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1860.3 Owner’s Opinion Of Value—Language That Is Argumentative, Confusing, Etc.
F 1860.3 Inst 1 Jury Should Consider Truth And Accuracy Of Testimony
*Modify CC 1860, sentence 4, as follow [added language is underlined; deleted language is stricken]:
You may disregard all or any part of an opinion that you find unbelievable untruthful, inaccurate or unreasonable.
Points and Authorities
See FORECITE F 105.3.10 Inst 1.
F 1860.3 Inst 2 Alleged Owner’s Opinion Of Value: Jurors Need Not Provide A Reason For Rejecting Testimony
*Modify CC 1860, sentence 4, as follows [deleted language is stricken]:
You may disregard all or any part of an opinion that you find unbelievable or unreasonable.
Points and Authorities
The jurors should not have to give a reason for not accepting the testimony of any witness. Otherwise, the testimony is given an improper presumption of truthfulness. (See FORECITE F 302 Inst 2.)
WARNING! Federal constitutional claims may be lost without proper federalization—To preserve federal claims counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 7.1 [Right To Jury Consideration Of The Evidence]
In death penalty cases additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
