Tag Archives: CC 2745


The Huge Impact of A Tiny Two-Letter Word
October 15th, 2020

In this March 10, 2020 post FORECITE discussed the CALCRIM instructions which define great bodily injury as a “significant or substantial physical injury … that is greater than minor or moderate harm.” The post suggested, in reliance on People v. Medellin (2020) 45 Cal.App.5th 519, 533- 535 that — as argued by the prosecutor in […]


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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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Definition of “Sharp Instrument”
October 26th, 2015

People v. Hayes (2009) 171 Cal. App. 4th 549, commented on CC 2745’s Bench Notes reference to People v. Custodia (1999) 73 Cal. App. 4th 807, 810-81, to define “sharp instrument.” Hayes concluded that the proper definition of “sharp instrument” which should be given to the jury in these types of cases is that “[a] […]


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