| F 103.2 Inst 3 |
The Jury Should Be Instructed Using The “Each Element” Formulation Of The January 2006 Version Of CALCRIM 220 |
| F 105.2 Inst 1 (a&b) |
Improper To Imply A Defense Obligation To “Disprove” The Truth Or Accuracy Of Testimony |
| F 105.7 Inst 1 |
Witness Inaccuracy As To One Fact Relevant To Other Facts |
| F 332 Inst 1 |
Jurors Not Required To “Decide” Truth And Accuracy Of Information Relied Upon By Expert |
| F 332 Inst 4 |
Expert Witness: Opinion Only As Good As Foundational Facts |
| F 332 Inst 5 |
Consideration Of Reasonableness Of Reliance On Information From Others |
| F 350 Inst 2 |
Use Of The Phrase “Create A Reasonable Doubt” Erroneously Implies A Defense Burden |
| F 362.1 Inst 9 |
Consciousness Of Guilt From False Statements: Defense Objection Precludes Instruction Which Benefits Defendant |
| F 362.2 Inst 6 |
Consciousness Of Guilt Only Applicable To False Statements Made Before Trial |
| F 362 Note 5 |
False Statements Only Applicable To Collateral Facts Or Incredible Statements |
| F 370 Inst 4 |
Need To Differentiate Between Common Sense And Technical Legal Definitions Of Motive |
| F 370 Inst 11 |
Challenge To Motive Instruction As Argumentative And Confusing |
| F 416.3 Inst 4 |
Improper Argumentative And Duplicative Reference To Matters Which The Prosecution Does “Not Have To Prove” |
| F 420.4 Inst 4 |
Withdrawal From Conspiracy: Who Has Burden Of Proof |
| F 420.4 Inst 5 |
Conspiracy: If Jurors Have A Reasonable Doubt Whether Or Not Defendant Withdrew They Must Acquit |
| F 505.6 Inst 5 |
Self-Defense Available When Defendant Only Threatens To Use Force |
| F 510 Note 1 |
Instruction On Both Accident And Self-Defense |
| F 510 Note 2 |
Self-Defense Available When Defendant Only Threatens To Use Force |
| F 520.6 Inst 1 |
The CALCRIM Instructions Fail To Make It Clear That Absence Of Passion/Quarrel And Absence Of Imperfect Defense Are Prerequisites Which The Jurors Must Find Before Convicting The Defendant Of Murder Or Attempted Murder |
| F 520 Note 1 |
Applicability Of Implied Malice To Fetus Murder – Knowledge Of Fetus Not Required |
| F 570 Note 4 |
Heat Of Passion: Defense Theory Of Accident Does Not Preclude Instruction On Provocation |
| F 570.2 Inst 1 |
CALCRIM 570 Improperly Requires Jurors To Find That A Reasonable Person Would Kill When Provoked |
| F 571.5 Inst 2 |
Imperfect Self-Defense Available When Defendant Only Threatens To Use Force |
| F 600.5 Inst 3 |
The CALCRIM Instructions Fail To Make It Clear That Absence Of Passion/Quarrel And Absence Of Imperfect Defense Are Prerequisites Which The Jurors Must Find Before Convicting The Defendant Of Murder Or Attempted Murder |
| F 604 Inst 1 |
In Defining Imperfect Defense As Existing Only Where Both Of The Defendant’s Beliefs Are Unreasonable, CALCRIM 604 Misstates The Law |
| F 640 Note 1 |
The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements |
| F 641 Note 1 |
The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements |
| F 820.5 Inst 3 (a&b) |
Assault On Child Under 8 Resulting In Death (PC 273ab): Objective Reasonable Person Standard |
| F 841.5 Inst 3 |
Simple Battery Against Spouse, Etc. (PC 243(e)(1): Former Cohabitant Is Not Separate Category Of Offender |
| F 937.9 Note 1 |
Sexual Battery (PC 243.4(e)(1)) Not LIO Of Sexual Battery By Fraudulent Representation (PC 243.4(c)) |
| F 938.9 Note 1 |
Sexual Battery (PC 243.4(e)(1)) Not LIO Of Sexual Battery By Fraudulent Representation (PC 243.4(c)) |
| F 945.5 Inst 9 |
Incorporation Of Physical Injury Definition Into Enumerated Elements |
| F 965.9 Note 1 |
Shooting At Inhabited Dwelling Or Occupied Motor Vehicle (PC 246): Grossly Negligent Discharge Of A Firearm (PC 246.3) As Lesser Included |
| F 965.9 Note 2 |
Shooting At An Occupied Vehicle: ADW Is Not An LIO (PC 246) |
| F 965.9 Note 3 |
Shooting At Inhabited Dwelling: Lesser Offense Of Violating City Ordinance (PC 246) |
| F 970.9 Note 1 |
Shooting Firearm In Grossly Negligent Manner (PC 246.43) Is Lesser Included Of Shooting At Inhabited Dwelling Or Occupied Motor Vehicle (PC 246) |
| F 983 Note 1 |
Brandishing Firearm In Self-Defense – Immediate Threat To Use Force |
| F 983 Note 2 |
Self-Defense Generally |
| F 983 Note 3 |
Self-Defense Available When Defendant Threatens To Use Force |
| F 985.3 Note 1 |
Brandishing Firearm Or Deadly Weapon: Misdemeanor – CALCRIM Cross-References And Research Notes |
| F 985 Note 3 |
Self-Defense Generally |
| F 985 Note 4 |
Self-Defense Available When Defendant Threatens To Use Force |
| F 1191 Note 9 |
Constitutional Challenge To Propensity Evidence Based On Inability Of Jurors To Follow Limiting Instructions |
| F 1203.5 Inst 4 |
Concurrence Of Act And Intent |
| F 1215.5 Inst 6 |
Substantial Distance For Kidnapping: Juror Not Required To Consider Contextual Factors |
| F 1225.3 Inst 2 |
Defense To Kidnapping: Who Has Burden Of Proof? |
| F 1600.2 Inst 2 |
Tailor To Facts: Element 5 When Store Or Business Employee Is Alleged Victim |
| F 1600.5 Inst 11 |
Possession Issues And Instructions |
| F 1600 Note 13 |
Robbery: Employees Of A Business Constructively Possess The Business Owner’s Property During A Robbery |
| F 1820 Note 5 |
Auto Taking: Accessory After The Fact Liability |
| F 2330.5 Inst 3 |
No Requirement That Manufacturing Begin With Innocuous Chemical |
| F 2575 Note 1 |
Definition Of “Breakable” |
| F 2745 Inst 1 |
Definition Of “Sharp Instrument” |
| F 3305 Inst 1 |
Duress To Negate Criminal Intent |
| F 3404 Note 1 |
Instruction On Both Accident And Self-Defense |
| F 3425 Inst 2 |
Instruction That Jurors “Should” Find Consciousness If The Defendant Acted As If Conscious As Improper Presumption And Argument |
| F 3470.7 Inst 4 |
Self-Defense Available When Defendant Threatens To Use Force |
| F 3471 Inst 5 |
Mutual Combat Requires “Prearrangement” or “Agreement to Fight” |
| F 3500.1 Note 4 |
Juror Unanimity: Constitutional Principles |
| F 3517 Inst 6 |
Definition Of Greater Offense Should Include Elements Of Lesser Offense Which The Prosecution Must Negate |
| F 3517 Note 11 |
The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements |
| F 3518 |
Deliberations And Completion Of Verdict Forms: For Use When Lesser Included Offenses And Greater Crimes Are Not Separately Charged And The Jury Is Given Only One Not Guilty Verdict Form for Each Count (Non-Homicide) |
| F 3518 Note 1 |
The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements |
| F 3519 |
Deliberations and Completion of Verdict Forms: Lesser Offenses—For Use When Lesser Included Offenses and Greater Crimes Are Separately Charged (Non-Homicide) |
| F 3519 Note 1 |
The CALCRIM Instructions On Deliberation Procedure Fail To Require Consideration Of Omitted Elements Or Sub-Elements |
