Tag Archives: Duty to Instruct


Rejection or Disbelief of Alibi or Third Party Guilt Evidence
February 23rd, 2015

This post [0003 Centeno] discusses the problem of juror confusion regarding whether rejection or disbelief of defense evidence can supply prove that is missing from the prosecution’s evidence. This risk is particularly high with defenses such as alibi and third party guilt. The greatest danger of diluting the burden of proof in such cases is […]


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No Sua Sponte Duty To Instruct On Defense Theory That Negates An Element Of The Offense; IAC For Failure To Request Defense Theory Instruction
February 9th, 2015

  People v. Hussain (2014) 231 Cal. App. 4th 261, 269-72, extended the holding of People v. Anderson (2011) 51 Cal.4th 989, 998 [trial courts do not have a duty to instruct sua sponte on the defense of accident] to a situation where the defendant relied claim of right to negate the felonious intent to […]


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