Citation Updates by CALCRIM Committee
September 9th, 2016
In its February 2016 updates the CC committee updated citations on eleven different instructions without changing the language of the instructions. The committee notes suggested that such changes “tend to be uncontroversial.” To view these change see — https://jcc.legistar.com/View.ashx?M=F&ID=4256649&GUID=4F153BB2-31D2-4B98-8257-04865BAFD5E3
Tags: CC 1300, CC 1400, CC 1401, CC 1863, CC 207, CC 2542, CC 334, CC 335, CC 361, CC 736, CC Revisions
No Sua Sponte Duty To Instruct On Defense Theory That Negates An Element Of The Offense; IAC For Failure To Request Defense Theory Instruction
February 9th, 2015
People v. Hussain (2014) 231 Cal. App. 4th 261, 269-72, extended the holding of People v. Anderson (2011) 51 Cal.4th 989, 998 [trial courts do not have a duty to instruct sua sponte on the defense of accident] to a situation where the defendant relied claim of right to negate the felonious intent to […]
Tags: CC 1600, CC 1800, CC 1863, Claim of Right, Defense Theory Instructions, Duty to Instruct, Ineffective Assistance of Counsel (IAC), Judge Duty to Instruct, Request, Robbery, Sua Sponte, Theft