Tag Archives: Misstatement Of Law


Deficiencies in Defense Evidence Cannot Make up for Shortcomings in Prosecution’s Evidence
August 13th, 2020

[Update of February 3rd, 2015 post] People v. Centeno (2014) 60 Cal. 4th 659 provides an important clarification of the presumption of innocence and the prosecution’s burden of proof: “…[D]eficiencies in the defense case [cannot] make up for shortcomings in [the prosecution’s case].” (Id., at 673.) For example, in People v. Brito (Sep. 19, 2019, […]


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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 proof 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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Use of Diagram or Visual Aid to Explain Proof Beyond a Reasonable Doubt
February 13th, 2015

In People v. Centeno (2014) 60 Cal. 4th 659, 662 the prosecutor used a diagram showing the boundaries of California and urged the jury to convict based on a “reasonable” view of the evidence. In addressing this issue the CSC discussed several related cases:   The case law is replete with innovative but ill-fated attempts […]


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