Tag Archives: CC 581


Judge Has Sua Sponte Duty to Instruct on Lesser Offense of Involuntary Manslaughter Based on Commission of Inherently Dangerous Assaultive Felony
August 25th, 2022

The court has a sua sponte duty to instruct on involuntary manslaughter based on the commission of an inherently dangerous assaultive felony and to instruct on the elements of the predicate offense(s). (People v. Brothers (2015) 236 Cal.App.4th 24, 33–34; see also People v. Bryant (2013) 56 Cal.4th 959, 964.)


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The Huge Impact of A Tiny Two-Letter Word
October 15th, 2020

In this March 10, 2020 post FORECITE discussed the CALCRIM instructions which define great bodily injury as a “significant or substantial physical injury … that is greater than minor or moderate harm.” The post suggested, in reliance on People v. Medellin (2020) 45 Cal.App.5th 519, 533- 535 that — as argued by the prosecutor in […]


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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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