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FORECITE Summer 2011 Newsletter 

Please note that this page only contains the table of contents of the Summer 2011 newsletter.   

Please select the link below to download the latest FORECITE newsletter in its entirety. 

SUMMER 2011 FORECITE NEWSLETTER
(Right Click on link and "Save As") 


 Summer 2011 FORECITE Newsletter
Table of Contents
 

PRACTICE GUIDE 

PG I(J) Instructions To Grand Jury
PG I(J)(1) The Law Of Grand Juries And Indictments
PG I(J)(2) Grand Jury Instructions: Right To Discovery
PG I(J)(3) Grand Jury: Transcript Of Prosecutor’s Remarks To Grand Jurors
PG III(B) Sufficiency Of Evidence To Support Defense Instructions
PG III(D) Improper To Instruct On Defense Burden To Produce Evidence Or To Suggest That Defense Must “Raise” Or “Create” A Reasonable Doubt
PG III(D)(1) No Instruction On Defense Burden Of Production
PG III(D)(2) Inconsistency Among Standard Instructions
PG III(D)(3) Prosecution Must Litigate Whether Or Not The Evidence Raises A Reasonable Doubt In An EC 402 Hearing
PG V(A)(6) Duty To Instruct On Defenses
PG V(B)(1.9) General Reference To Evidence Not Improper In Limiting Instruction
PG VI(A)(1.15.3) Trend Toward Forfeiture Of Instructional Issues
PG IX(H)(4) Right To Reargue After Supplemental Instructions
PG X(A)(1.3) Evidence Must Be Viewed In Favor Of The Instruction
PG X(A)(13) Statutory Construction Re: Jury Instructions Subject To De Novo Review
PG X(C)(3.3) Application Of Watson Standard To Omission Of Instruction On Defense
PG X(F) Indicia Of A Close Case
PG XI(C)(3) CALJIC Instructions Are Not A Benchmark For CALCRIM
PG XI(C)(4) Evaluating CALCRIM Instructions In Light Of Cases Discussing Analogous CALJIC Instructions
CHK III(D) Checklist: Technical Terms And Definitions
CHK IV(E) Rules of Statutory Construction: Amendment of Statute
CHK IV(G) Rules of Statutory Construction: Repeal By Implication Is Disfavored
CHK IV(I) Rules of Statutory Construction: Legislation By Implication Is Disfavored
CHK IV(M) Statutory Construction Re: Jury Instructions Subject To De Novo Review
LIO VI(B) LESSER INCLUDED CHECKLIST: PC 266h – Pimping

  CALCRIM 

F 101 Note 6 Jury Should Not Be Permitted To Retain Electronic Communication Devices During Trial
F 101 Note 7 Juror Experiments During Trial Or Deliberations
F 101 Note 8 Personal Expertise Of Juror
F 103.3 Inst 2 (a-j) Juror May Have A Reasonable Doubt Based On A Lack Of Evidence
F 251 Note 5 Priors Committed Prior To Age 14: Jury Must Be Instructed On PC 26 Re: Appreciation Of Wrongfulness
F 252 Note 4 Priors Committed Prior To Age 14: Jury Must Be Instructed On PC 26 Re: Appreciation Of Wrongfulness
F 332 Inst 8 Juror Claim Of Personal Expertise During Deliberations
F 332 Note 28 Expert May Not Reveal Content Of Reports Prepared By Nontestifying Experts
F 334 Inst 10 Clarification Of Confusing Language
F 358 Inst 1 (a-c) Specification Of Burden Of Proof Re: Preliminary Facts
F 358 Inst 5 (a-d) Defendant’s Statements: Consideration Of Psychological And/Or Physical Coercion, Etc.
F 358 Inst 15 Consideration Of Intoxication Regarding Voluntariness And Trustworthiness Of Defendant’s Statements
F 358 Inst 16 Defendant’s Statements: Consideration Of Defendant’s Age
F 358 Note 15 Age Is Relevant To Determining Whether A Minor Is In Custody For Miranda Purposes
F 361 Note 6 Failure To Deny Or Explain Evidence Must Relate To A “Specific And Significant Defense Omission”
F 370 Note 2 Improper To Give CC 370 When Motive Is An Element Of The Offense (E.g., Annoying Or Molesting A Child; Hate Crimes)
F 372 Note 14 Flight Used For Accessory Charge Does Not Warrant Flight Instruction (E.g., CC 372)
F 401 Note 2 Applicability Of Aiding And Abetting When Element Is Committed By A Co-Perpetrator
F 505.6 Inst 3 Definition Of Great Bodily Injury (PC 197 & PC 198)
F 505.6 Inst 6 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
F 505 Note 7 Duty To Instruct On Self-Defense Or Imperfect Self-Defense When Defendant Has Not Testified
F 505 Note 13 Self-Defense Premised On Non-Homicide Offense
F 511.5 Inst 1 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
F 511.5 Inst 2 Definition Of Passion
F 520.4 Inst 2 Causation: Jury Not Limited To Circumstances "Established By The Evidence"
F 571.5 Inst 3 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
F 600.5 Inst 4 Primary vs. Secondary Target
F 625.2 Inst 7 Consideration Of Intoxication Regarding Voluntariness And Trustworthiness Of Defendant’s Statements
F 626.2 Inst 5 Consideration Of Intoxication Regarding Voluntariness And Trustworthiness Of Defendant’s Statements
F 626 Note 5 Negligence In Self-Intoxicating As Basis For Involuntary Manslaughter Instruction
F 767 Inst 1 The Supreme Court’s Instructional Language Should Take Precedence Over The CALCRIM Committee’s Language
F 1000 Note 2 Forcible Sex Offenses: Belief As To Consent – Evidence Necessary To Warrant Instruction
F 1000 Note 12 Defendant Need Not Testify To Obtain Mayberry Instruction
F 1150.5 Inst 2 Pimping: Knowledge Element
F 1151 Note 4 Pandering Applicable To A Target Already Working As A Prostitute
F 1230.2 Inst 1(a&b) Kidnapping: Good Faith Belief That The Victim Was Dead (PC 207 & PC 209)
F 1603.2 Inst 1(a&b) Robbery: After Acquired Intent Of Aider And Abettor – Element And/Or Pinpoint
F 1603.2 Inst 2 Robbery: When Still In Progress – Temporary Safety Defined (PC 189 & PC 211)
F 1603.2 Inst 3 Robbery: Improper To Allow Aider And Abettor Liability Based On Intent Formed After The Perpetrator Has Carried The Property To A Place Of Temporary Safety (PC 189 & PC 211)
F 2300.5 Inst 3 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
F 2351.5 Inst 1 Causation Instructions Required For Administration Theory
F 2375.3 Inst 1 Modification Of Argumentative Definition Of Possession
F 2375.3 Inst 2 Possession: What The Prosecution Does Not Need To Prove – Instruction Should Be Balanced
F 2380.5 Inst 4 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
F 2390.5 Inst 2 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
F 3100 Note 7 Priors Committed Prior To Age 14: Jury Must Be Instructed On PC 26 Re: Appreciation Of Wrongfulness
F 3261.2 Inst 1 Modification Of Burden Shifting Language
F 3261.2 Inst 2 Temporary Safety: Modification Of Burden Shifting Language
F 3306 Inst 2 (a-e) Possession: Access Alone Not Sufficient
F 3306 Inst 3 Mere Presence Not Sufficient For Possession
F 3306 Inst 4 (a & b) Mere Presence In Vehicle Not Sufficient For Possession
F 3306 Inst 5 Constructive Possession: Premises Shared By More Than One Person
F 3306 Inst 6 Possession: Ownership Or Occupancy Not Sufficient
F 3306 Inst 7 Possession: Passenger In Vehicle Not Sufficient
F 3426 Inst 8 Consideration Of Intoxication Regarding Voluntariness And Trustworthiness Of Defendant’s Statements
F 3427 Inst 6 Consideration Of Intoxication Regarding Voluntariness And Trustworthiness Of Defendant’s Statements
F 3428 Note 2 Mental Impairment Instruction Should Be Given When Requested And Supported By Expert Medical Testimony
F 3470 Note 12 Self-Defense Premised On Non-Homicide Offense
F 3471 Inst 1 Modification Of Burden Shifting Language; Tailoring To Facts
F 3471 Inst 3 Mutual Combat Or Initial Aggressor: Deadly Escalation – Modification Of Burden Shifting Language
F 3477 Inst 3 “Serious Bodily Harm” As Plain Language Paraphrase Of “Great Bodily Injury”
F 3550 Inst 7 No Electronic Research By Jurors Individually Or As A Group
F 3550 Inst 8 Jurors Must Not Conduct Investigation, Tests, Or Experiments During Deliberations
F 3550 Note 11 Juror Experiments During Trial Or Deliberations
F 3550 Note 12 Personal Expertise Of Juror

  CALJIC 

F 0.10 n1 Grand Jury Instructions: Right To Discovery
F 0.10 n2 Grand Jury: Transcript Of Prosecutor’s Remarks To Grand Jurors

 

FORECITE User’s Manual 

Summer 2011 CALCRIM REVISIONS
WITH FORECITE CRITIQUE AND COMMENTARY

ANNOTATED LIST OF CALCRIM INSTRUCTIONS
DISCUSSED IN THE CASE LAW: Fall 2008 – Summer 2011

19 new annotations (over 280 annotations total) on over 115 CALCRIM instructions

RECENT CASE LAW UPDATE 


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