Tag Archives: CC 316

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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Witness Credibility: Expected Benefit from Prosecutor
August 14th, 2018

Nevada capital murder conviction and death sentence vacated because prosecution failed to disclose, inter alia evidence that the key prosecution witness expected a benefit from the prosecution in exchange for his testimony. (Browning v. Baker (9th Cir. 2017) 875 F.3 444.)   Brady violation resulted from prosecutor’s failure to disclose that the key prosecution witness—who […]

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Witness Credibility: Membership in Rival Gang
August 13th, 2018

California state conviction for first degree gang murder vacated because the prosecution failed to disclose that its key witness “had pleaded guilty to committing a robbery, that he was on probation for that offense [at the time of defendant’s trial], and that [he] had been a member of the Piru Bloods,” who were rivals of […]

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Witness Credibility: Impeachment of Police Officer Witnesses with Prior Misconduct and/or Dishonesty
July 19th, 2018

Among the factors affecting a witnesses’ credibility listed in CC 105 are the following:   –[Did the witness admit to being untruthful?] –[What is the witness’s character for truthfulness?] –[Has the witness been convicted of a felony?] –[Has the witness engaged in [other] conduct that reflects on his or her believability?]   Similarly, CC 316 tells […]

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