Tag Archives: Lesser Related Offenses

Refusing to Testify After Getting Immunity Is Not Accessory After the Fact
May 5th, 2020

In People v. Partee; S248520; 1/23/2020 the defendant was given immunity but refused to testify. Even though the defendant could have been found in contempt, the DA charged him with accessory after the fact per PC 32. The jury convicted him, and the C/A affirmed. The CSC unanimously reversed because mere silence did not meet […]

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Should Defendant’s Statements Which Show Guilt of Lesser Offense Be Viewed with Caution?
June 7th, 2019

In People v. Powell (2018) 6 Cal. 5th 136; 169 the defendant contended that the cautionary instruction regarding the defendant’s out of court oral admissions (CJ 2.71.7) “pertains only to statements harmful to the defense.” The CSC apparently agreed that the instruction does not apply to exculpatory statements: “[T]his instruction properly applies to ‘any extrajudicial […]

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Lesser Related Offenses: Conflict Between Birks and the Right to Present a Defense
July 27th, 2016

In People v. Salazar (2016) 63 C4th 214, 251 the defendant unsuccessfully sought instruction on accessory after the fact as a lesser related offense. The Court, in reliance on People v. Birks (98) 19 C4th 108 [Birks], held that such an instruction is permissible only on stipulation of the parties. (See also People v. Rangel […]

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