Tag Archives: CC 334

Is Accomplice Testimony “Exonerating” When It Tends to Incriminate the Defendant of Lesser Offense?
June 18th, 2019

CC 334 instructs that accomplice testimony requires corroboration before the jury may accept it as true. However, the defense may want to consider requesting modification of CC 334 when the defendant’s statements serve to show his guilt of a lesser offense than the charged offense. (See e.g., sample below.) Statements which mitigate or lessen the […]

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Accomplice’s Out-of-Court Confession Was Inadmissible Testimonial Hearsay Which Violated the Confrontation Rights of the Defendant
June 25th, 2018

In People v. Hopson (2017) 3 Cal.5th 424 a murder conviction was reversed because the judge admitted the deceased co-perpetrator’s confession to the police. Admission of this out-of-court confession — which “pinned much of the blame on defendant” – violated defendant’s Confrontation Clause rights because it constituted inadmissible hearsay.  In so holding, the California Supreme […]

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Citation Updates by CALCRIM Committee
September 9th, 2016

In its February 2016 updates the CC committee updated citations on eleven different instructions without changing the language of the instructions. The committee notes suggested that such changes “tend to be uncontroversial.” To view these change see — https://jcc.legistar.com/View.ashx?M=F&ID=4256649&GUID=4F153BB2-31D2-4B98-8257-04865BAFD5E3

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