Tag Archives: Chapman

Party With Burden of Proof Loses When the Fact Finder is “On the Fence”
March 12th, 2018

Placing any burden at all on the defense, however slight, can be a “game changer” because such a burden requires uncertain or undecided jurors to side with the prosecution instead of the defense. In other words, when the fact finder is uncertain the unburdened party “‘must win.'[Citation.]” (People v. Jackson (2014) 58 Cal. 4th 724, […]

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Substantial Evidence Of Guilt Does Not Cure Instruction That Omits Or Misstates An Element Of The Charged Offense
February 6th, 2015

  As with the total failure to instruct on an element of the charge, misinstruction on an element warrants reversal if “the jury could have reasonably concluded that the prosecution failed to prove [the element] beyond a reasonable doubt ….” (People v. Wilkins (2013) 56 Cal. 4th 333, 350-51.) This requires the reviewing court to […]

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