Judge’s Duties When Responding to Juror Requests for Instructional Clarification
July 9th, 2018
Duty to Consider Elaboration of Standard Instructions Pursuant to PC 1138, when the jurors “desire to be informed on any point of law arising in the case … the information required must be given ….” PC 1138 “imposes upon the court a duty to provide the jury with information the jury desires on points of law.” […]
Tags: Judge Duty to Instruct, Jury Deliberation, Practice Guide (PG IX(D)(2), Practice Guide (PG IX(D)(3)
Partial Acquittal Rule: Does Stone Survive Blueford?
February 16th, 2015
In Stone v. Superior Court (1982) 31 Cal.3d 503 the court recognized that the “deceptively simple” yet “complex, rapidly expanding body of law” surrounding the constitutional prohibition against double jeopardy arose from both the Fifth Amendment to the United States Constitution and Article I, section 15 of the California Constitution. However, Blueford v. […]
Tags: CC 3517, CC 3518, CC 3519, CC 542, CC 641, CC 643, Jury Deliberation, Partial Acquittal, Verdict