Tag Archives: Jury Deliberation

Juror’s “Common Sense and Experience” May Not Override Presumption of Innocence
August 22nd, 2018

CC 105 and CC 226 — which tell the jurors to rely on their “common sense and experience” regarding their consideration of evidence – have been approved in an appellate ruling. (See People v. Campos (2007) 156 Cal.App.4th 1228, 1239-1241; see also People v. Centeno (2014) 60 Cal.4th 659, 669 [“jurors may rely on common knowledge […]

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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.” […]

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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. […]

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