Tag Archives: CC 2745


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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