Self Defense: Applicability When Defense Relies On Theory Of Accident
July 24th, 2015
People v. Villanueva (2008) 169 Cal. App.4th 41, 51, disagreed with the Related Issues portion of CC 510. Contrary to CC’s interpretation, People v. Curtis (1994) 30 Cal. App. 4th 1337, 1358-1359, did not categorically foreclose self-defense instructions when a defendant claims a killing was accidental. (See also People v. Elize (1990) 71 Cal. […]
Tags: Accident, CC 510, Defense Theory Instructions, Inconsistent Defense Theories, Self Defense
Accident as Defense Theory: Not Required Sua Sponte
June 12th, 2015
When the defense theory of accident is an attempt to negate the intent element of the crime, the trial judge has no sua sponte duty to give CC 3404. (CC 3404 Bench Notes, Citing People v. Anderson (2011) 51 Cal. 4th 989, 997-998.)
Tags: Accident, CC 3404, Defense Theory Instructions, Judge Duty to Instruct, Sua Sponte