CALCRIM Revisions Effective October 1, 2021
October 12th, 2021
Effective 10/01/2021 CALCRIM revised instructions listed below. See https://jcc.legistar.com/View.ashx?M=F&ID=9785541&GUID=96E612F7-0BC9-43FE-814D-86F615957765 Number Title 336 In-Custody Informant 417 Liability for Coconspirators’ Acts 582 Involuntary Manslaughter: Failure to Perform Legal Duty–Murder Not Charged 625 Voluntary Intoxication: Effects on Homicide Crimes 775 Death Penalty: Mental Retardation 840 […]
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Reckless Driving Is Not an Inherently Lesser-Included Offense of Felony Evading
June 17th, 2021
People v. Walker (May 6, 2021, A158423) ___ Cal.App.1st ___ [pp. 4-8] considered whether reckless driving (VC 23103) is inherently a lesser included within felony evasion of a peace officer (VC 2800.2). Both crimes expressly require that the driving be in a, “willful or wanton disregard for the safety of persons or property.” […]
Tags: CC 2181, CC 2200, Reckless Driving
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) […]
Tags: CC 105, CC 2100, CC 2101, CC 2102, CC 2110, CC 2111, CC 2113, CC 2114, CC 2200, CC 226, CC 2430, CC 2431, CC 2432, CC 2470, CC 2514, CC 2745, CC 2746, CC 2747, CC 316, CC 3450