Mistake of Fact – Role of Reasonableness
March 13th, 2015
Mistake of Fact – Jury May Consider Reasonableness of Belief on the Issue of Good Faith It is well established that a good faith mistake of fact can negate specific mental state elements of a charge such as knowledge. (See People v. Watt (2014) 229 Cal. App. 4th 1215, 1217-1220; People v. Lawson […]
Tags: CC 3406, Defense Theory, Mistake Of Fact
Grossly Negligent Shooting Of Firearm: Defense Theory Of Belief That Gun Was Unloaded
March 30th, 2014
If the defendant actually believed that the firearm he or she discharged was unloaded, the defendant has not violated this statute. (People v. Robertson (2004) 34 Cal. 4th 156.) However, Robertson was overruled in People v. Chun (2009) 45 Cal. 4th 1172, as follows: To avoid the anomaly of putting a person […]
Tags: CC 970, Defense Theory, Felony Murder, Merger, Mistake Of Fact
CC 3406 Mistake Of Fact As Defense Theory: Not Required Sua Sponte
January 10th, 2014
The trial judge does not have a sua sponte duty to instruct on mistake of fact. (People v. Lawson (2013) 215 Cal. App. 4th 108.)
Tags: CC 3406, Defense Theory, Judge Duty to Instruct, Mistake Of Fact, Sua Sponte
