Tag Archives: CC 335

Meaning Of LWOP: Strategy And Tactics
May 18th, 2022

Simmons v. South Carolina, 512 U.S. 154 (1994), holds that a defendant is entitled to a penalty-phase jury instruction that (if true) life-sentenced prisoners will never be eligible for parole.  For many years, the Arizona Supreme Court held that Simmons does not apply in Arizona because LWOP prisoners are entitled to apply for executive clemency.  […]

Tags: , ,

Should Accomplice Corroboration Instruction Be Repeated at Penalty Phase?
October 18th, 2019

In People v. Gomez (2018) 6 Cal 5th 243 the trial court failed to reinstruct the jury during the penalty phase that independent evidence must corroborate accomplice testimony.  The CSC concluded that any error was harmless.  The jury had concluded the defendant was guilty in four of five murders charged.  The prosecutor did not focus […]

Tags: , ,

Should Jurors Be Cautioned Regarding Accomplice Testimony Which Is Neutral Or Exonerating?
October 15th, 2019

In People v. Smith (2017) 12 Cal. App. 5th 766, 778-80 the judge instructed the jury per the standard CALCRIM instructions that accomplice testimony requires corroboration before the jury may accept it as true. The appellate Court criticized these instructions because they failed to explain that the supporting evidence requirements applies “only when [the accomplice] […]

Tags: , , ,

CALCRIM Revisions
June 28th, 2019

Effective March 15, 2019 the Judicial Council approved for publication revisions to the following CALCRIM instructions which were published in the March 2019 edition of the Judicial Council of California Criminal Jury Instructions. Instruction Number Instruction Title   104, 202, 222   Evidence, Note-Taking and Read Back of Evidence   301, 334, 335   Single […]

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

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 […]

Tags: , , ,

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 […]

Tags: , ,

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

Tags: , , , , , , , , , ,

In-Custody Informant
March 30th, 2014

  If the witness is an in-custody informant, CC 336 should be given upon request, as well as CC 337, which cautions jurors not to consider the reason the witness is in custody. Regarding CC 337, the Court of Appeal has held this instruction should not be given unless the shackles are visible to the […]

Tags: , , ,