CALCRIM IS NOT “THE LAW”
August 2nd, 2022
Jury instructions “are not themselves the law,” “are not authority to establish legal propositions or precedent,” and “should not be cited as authority for legal principles in appellate opinions. [Citation] “At most, when they are accurate , … they restate the law.” ([citation], italics added by Montoyo court.) (People v. Montoya (2021) 68 Cal.App.5th 980, […]
Tags: CALCRIM Is Not The Law, CALCRIM Not Always Correct, CC 2512, CC 3500