Tag Archives: In Custody Informant


Reversible Error to Allow In-Custody Testimony of Co-Defendant Which Was Not A “Declaration Against Penal Interest”
March 14th, 2023

In People v. Gallardo (2017) 13 Cal.App.5th 51 the judge committed reversible error by admitting extrajudicial    statements of a non-testifying third codefendant regarding the role of the other two defendants in the crime.   After the declarant codefendant was arrested, the prosecution planted two informants in his cell for the purpose of eliciting information […]


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Reversible Error to Allow In-Custody Testimony of Co-Defendant Which Was Not A “Declaration Against Penal Interest”
March 4th, 2023

In People v. Gallardo (2017) 13 Cal.App.5th 51 the judge committed reversible error by admitting extrajudicial  statements of a non-testifying third codefendant regarding the role of the other two defendants in the crime.   After the declarant codefendant was arrested, the prosecution planted two informants in his cell for the purpose of eliciting information from […]


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Reversible Error to Allow In-Custody Testimony of Co-Defendant Which Was Not A “Declaration Against Penal Interest”
January 13th, 2023

In People v. Gallardo (2017) 13 Cal.App.5th 51 the judge committed reversible error by admitting extrajudicial statements of a non-testifying third codefendant regarding the role of the other two defendants in the crime.   After the declarant codefendant was arrested, the prosecution planted two informants in his cell for the purpose of eliciting information from […]


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In Custody Informant Should Be Treated Like an Accomplice
April 20th, 2015

  When the CC Committee revised CC 336 in August of 2012, it stated that “The legislature enacted Penal Code section 1111.5 requiring that the testimony of an in-custody informant be treated in a manner similar to that of an accomplice.” The committee revised CC 336, In-Custody Informant, accordingly, borrowing heavily from CC 334 and […]


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In-Custody Informant
March 30th, 2014

  If the witness is an in-custody informant, CC 336 should be given upon request, as well as CC 337, which cautions jurors not to consider the reason the witness is in custody. Regarding CC 337, the Court of Appeal has held this instruction should not be given unless the shackles are visible to the […]


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