Tag Archives: CC 200


Written Jury Instructions: Trial Procedure Note
September 2nd, 2016

Often the record below does not establish that the packet of instructions in the Clerk’s Transcript is the actual packet the jurors received (or an exact copy of the jurors’ packet). The Rules of Court do not expressly require that the written instructions be included in the Clerk’s Transcript. (See Rule 8.320; 8.610 for death […]


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No Written Instruction? Oral Instruction Not Vitiated
August 31st, 2016

This post “Variance Between Reporter’s Transcript And Written Instructions” discussed which instruction controls – for purposes of appellate review – when the written and oral versions of the instruction are different. A corollary issue arises when a particular instruction was completely omitted from either the written or oral versions of the instruction. In People v. […]


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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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Does Implausible or Illogical Testimony Warrant Instructing Per CC 361 on Defendant’s Failure to Explain or Deny Evidence?
March 10th, 2015

  In People v. Cortez, S211915 (B233833; nonpublished opinion; (Cal. Sept. 18, 2013) the Supreme Court granted the prosecution’s petition for review to consider, the following issues: In the petition for review the attorney general characterized these issues as follows:   1. May a court instruct the jury with CALCRIM No. 361 on the failure […]


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