Felony Murder Special Circumstance: Knowledge Elements May Be Negated by Mental Impairment
September 17th, 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.) […]
Tags: CC 3428, CC 540B, CC 540C, CC 703, CC 730, Felony Murder Special Circumstance, Mens Rea: Knowledge, Mental Impairment, Sample Instructions, Special Circumstances, Tison/Banks
Mens Rea and PTSD
August 22nd, 2016
People v. Herrera (2016) 247 CA4th 467 held that exclusion of psychiatric testimony regarding the defendant’s post-traumatic stress disorder (PTSD) required reversal of his murder conviction. PC 28 and 29 limit the use of mental disorder evidence to negate a defendant’s capacity to form any mental state is prohibited, but may be offered on the […]
Tags: CC 3428, Defense Theory Instructions, Defense Theory: Mens Rea/Intent, Expert Testimony, Mens Rea, Murder
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.) […]
Tags: Cautionary and Limiting Instructions, CC 3426, CC 3428, CC 362, Consciousness of Guilt, False Statements
CC 3428 Too Narrowly Limits Jurors’ Use of Mental State Evidence
July 11th, 2016
In People v. Townsel (2016) 63 C4th 25, the jury was instructed with a version of CJ 3.32 which provided as follows: “Evidence has been received regarding a mental defect or mental disorder of the defendant, Anthony Townsel at the time of the crime charged in Counts 1 and 2. You may consider such evidence […]
Tags: CC 3428, Defense Theory: Mens Rea/Intent, Intent, Mens Rea