Tag Archives: CC 3426


Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
March 21st, 2023

This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice.   These defects in the CALCRIM instructions […]


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Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
February 27th, 2023

This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice.   These defects in the CALCRIM instructions […]


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Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
January 24th, 2023

This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice. These defects in the CALCRIM instructions were […]


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Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
November 30th, 2022

Direct aiding and abetting is based on the combined actus reus of the participants and the aider and abettor’s “own mens rea.” (People v. McCoy (2001) 25 Cal.4th 1111, 1122; see also People v. Powell (2021) 63 Cal.App.5th 689, 712-13.) The aider and abettor’s mens rea includes several subjective mental elements as observed by People […]


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Felony Murder Special Circumstance: “Actual Killer” Determination — CALCRIM 703 Misstates the Burden of Proof
January 28th, 2021

California law and the federal constitution require a finding of one of the following as an essential element of the felony murder special circumstance enumerated in Penal Code § 190.2(a)(17): The defendant was the actual killer of the victim; or The defendant acted with intent to kill; or The defendant aided and abetted the murder […]


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Felony Murder Special Circumstance: Knowledge Elements May Be Negated by Intoxication
September 12th, 2020

PC 190.2 (d) provides that, “for the purposes of those special circumstances based on the enumerated felonies in paragraph (17) of subdivision (a), which include robbery and burglary, an aider and abettor must have been a “major participant” and have acted “with reckless indifference to human life…’.” (People v. Clark (2016) 63 Cal.4th 522, 609.) […]


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Implied Malice Murder: Defendant Must Be Subjectively Aware That The Committed Act Was “Inherently Dangerous To Human Life”
August 12th, 2019

Implied malice has both objective and subjective components. The objective test requires “‘“an act, the natural consequences of which are dangerous to life … .”’” (People v. Knoller (2007) 41 Cal.4th 139, 143.) This means the act must carry “‘a high degree of probability that it will result in death.’” (Id. at p. 152.) The […]


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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 […]


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Jury Should Consider Defendant’s Mental Impairment in Deciding Whether False Statements Showed Consciousness of Guilt
August 2nd, 2016

In People v. McGehee (2016) 246 CA4th 1190 the defense argued that McGehee suffered from schizophrenic delusions involving demons and that he killed his mother during such an episode. The jury was instructed that if McGehee made any false or misleading statements related to the crime, that conduct may show consciousness of guilt. (CC 362.) […]


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