Tag Archives: Appeal


Chiu Doctrine Not Applicable to Transferred Intent
August 1st, 2016

People v. Chiu (2014) 59 C4th 155 held that an aider and abettor could not be found guilty of premeditated murder under the natural and probable consequences doctrine because the mental state for premeditation and deliberation is “uniquely subjective and personal.” (See The Chiu Doctrine Explained.) However, People v. Vasquez (2016) 246 CA4th 1019 held […]


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Variance Between Reporter’s Transcript And Written Instructions
July 22nd, 2016

—Case By Case Analysis When there is a variance between the reporter’s transcript and the written instructions, a case by case analysis is used to determine which part of the record is more credible. (People v. Smith (1983) 33 C3d 596, 599; see also People v. Carter (2003) 30 C4th 1166, 1199 [“where the clerk’s […]


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Judge Has Sua Sponte duty to Give Cautionary Instruction re: Jury Conduct But Standard of Prejudice Not Resolved
July 19th, 2016

In People v. Carter (2010) 182 CA4th 522, 531-534 the reviewing court held that the failure to give CC 101 sua sponte was error. However, the parties disagreed on whether the harmless error analysis should be governed by People v. Watson (1956) 46 Cal.2d 818, 836 [not reasonably probable a more favorable result would have […]


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The Chiu Doctrine Applies to Conspiracy Liability
July 12th, 2016

In Chiu the Supreme Court held an aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine. An aider and abettor’s liability for premeditated first degree murder must be based on direct aiding and abetting principles. See The Chiu Doctrine Explained In re Lopez (2016) 246 […]


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The Chiu Doctrine Explained
July 8th, 2016

People v. Chiu (2014) 59 C4th 155 created an important exception to the natural and probable consequences doctrine with respect to premeditated malice murder and attempted murder. As Chiu explained, “[t]here are two distinct forms of culpability for aiders and abettors. First, an aider and abettor with the necessary mental state is guilty of the […]


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Chapman or Watson: What is the Standard of Prejudice For Misinstruction on Defense Theory?
March 23rd, 2015

  In People v. Watt (2014) 229 Cal. App. 4th 1215, 1217-1220 the trial judge failed to correctly instruct the jury on the defense theory of mistake of fact. On appeal the defendant cited three federal circuit court cases holding that the failure to instruct on a defense constituted federal constitutional error which, under the […]


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Court Of Appeal Reverses For Failure To Instruct On Lesser Offense
February 27th, 2015

  The two subdivisions of Vehicle Code section 23110 state:   “(a) Any person who throws any substance at a vehicle or any occupant thereof on a highway is guilty of a misdemeanor. “(b) Any person who with intent to do great bodily injury maliciously and willfully throws or projects any rock, brick, bottle, metal […]


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Substantial Evidence Of Guilt Does Not Cure Instruction That Omits Or Misstates An Element Of The Charged Offense
February 6th, 2015

  As with the total failure to instruct on an element of the charge, misinstruction on an element warrants reversal if “the jury could have reasonably concluded that the prosecution failed to prove [the element] beyond a reasonable doubt ….” (People v. Wilkins (2013) 56 Cal. 4th 333, 350-51.) This requires the reviewing court to […]


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