Tag Archives: CC 105

Pre-Deliberation Instructions (CC3550): Modification When Received Benefits from Prosecution in Exchange for Testimony
December 4th, 2018

Considerations of punishment are important with respect to witnesses who have received or been promised benefits from the prosecution such as immunity or leniency. (See e.g., CC 105 and CC 226.) For example, in Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1972), “the Government’s case […]

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Jury Instructions Should not Permit Jurors to Reject Defense Evidence Without Considering It
September 14th, 2018

It is a fundamental tenet of the federal constitutional rights to fair trial by jury and due process (5th, 6th and 14th Amendments) that the jury consider exculpatory evidence upon which the defendant relies to leave the jury with a reasonable doubt as to any element of the charge.  (See e.g., Martin v. Ohio (87) […]

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Juror’s “Common Sense and Experience” May Not Override Presumption of Innocence
August 22nd, 2018

CC 105 and CC 226 — which tell the jurors to rely on their “common sense and experience” regarding their consideration of evidence – have been approved in an appellate ruling. (See People v. Campos (2007) 156 Cal.App.4th 1228, 1239-1241; see also People v. Centeno (2014) 60 Cal.4th 659, 669 [“jurors may rely on common knowledge […]

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Witness Credibility: Expected Benefit from Prosecutor
August 14th, 2018

Nevada capital murder conviction and death sentence vacated because prosecution failed to disclose, inter alia evidence that the key prosecution witness expected a benefit from the prosecution in exchange for his testimony. (Browning v. Baker (9th Cir. 2017) 875 F.3 444.)   Brady violation resulted from prosecutor’s failure to disclose that the key prosecution witness—who […]

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Witness Credibility: Membership in Rival Gang
August 13th, 2018

California state conviction for first degree gang murder vacated because the prosecution failed to disclose that its key witness “had pleaded guilty to committing a robbery, that he was on probation for that offense [at the time of defendant’s trial], and that [he] had been a member of the Piru Bloods,” who were rivals of […]

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Witness Credibility: Impeachment of Police Officer Witnesses with Prior Misconduct and/or Dishonesty
July 19th, 2018

Among the factors affecting a witnesses’ credibility listed in CC 105 are the following:   –[Did the witness admit to being untruthful?] –[What is the witness’s character for truthfulness?] –[Has the witness been convicted of a felony?] –[Has the witness engaged in [other] conduct that reflects on his or her believability?]   Similarly, CC 316 tells […]

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CC 105 Is Correctly Given When Evidence Is Conflicting as to Whether a Witness’s Character for Untruthfulness Was Discussed
August 4th, 2016

In People v. Jimenez (2016) 246 CA4th 726 the trial court properly instructed jury that it could conclude the character for truthfulness of a witness (the alleged victim) was good based on lack of discussion of character in community where one witness (Hoffman) testified regarding lack of discussion, but other witnesses testified that the witness […]

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