CC 200 Does Not Cure DA’s Misstatement of the Law When Instructions Are Silent on the Issue August 5th, 2021
CC 200, paragraph 4, admonishes the jurors as follows: If you believe that the attorney’s comments on the law conflict with my instructions, you must follow my instructions. Typically reviewing courts rely on this admonition to assume that the jurors relied on the instructions instead of the arguments of counsel. When argument runs […]
Tags: Appeal , CC 200 , Standard of Prejudice , Strategy Notes and Practice Ideas
CSC to Consider What Standard of Prejudice Applies to Instructional Error on Defense Theory July 26th, 2021
In People v. Hendrix REV. GTD. 1/20/21 S265668 (B298952; 55 Cal.App.5th 1092) the defendant told police that he entered the victim’s backyard and tried to force entries believing this to be his cousin Trevor’s house. The reviewing court acknowledged that appellant if subjectively believed that he was at Trevor’s house, the jury could, in theory, […]
Tags: Appeal , Apprendi , CC 1600 , CC 1800 , CC 1863 , CC 3406 , Defense Theory Instructions , Mistake Of Fact , Standard of Prejudice
CSC Neither Tightens Nor Lessens Standard of Prejudice for Alternate Theory Error September 4th, 2020
People v. Aledamat (2019) 8 Cal.5th 1 a divided court held that the same standard of prejudice which applies to the misdescription or omission of elements of the charge applies to alternate theory error: i.e., instruction on both a correct and incorrect theory of guilt: “the same Chapman analysis of harmless error applies to alternative-theory […]
Tags: Appeal , Standard of Prejudice
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, […]
Tags: Appeal , Beyond A Reasonable Doubt , Burden Of Proof , CC 100 , CC 101 , CC 220 , Defense Theory Instructions , Lesser Included Offenses , Misstatement Of Law , Presumption of Innocence , Prosecutor Misconduct , Sample Instructions , Standard of Prejudice
Watson Standard of Prejudice on Appeal Requires “Merely a Reasonable Chance” of a More Favorable Result November 7th, 2018
In People v. Sandoval (2015) 62 Cal.4th 394 the CSC reversed the lying in wait special circumstance because the trial judge failed to sua sponte instruct, per CJ 8.83 or CJ 8,83.1 that between two reasonable inferences from circumstantial evidence, the jury must choose the inference pointing to innocence: “We … conclude that the prosecution’s […]
Tags: PG(X)(B)(9) , Standard of Prejudice
Party With Burden of Proof Loses When the Fact Finder is “On the Fence” March 12th, 2018
Placing any burden at all on the defense, however slight, can be a “game changer” because such a burden requires uncertain or undecided jurors to side with the prosecution instead of the defense. In other words, when the fact finder is uncertain the unburdened party “‘must win.'[Citation.]” (People v. Jackson (2014) 58 Cal. 4th 724, […]
Tags: Appeal , Chapman , Presumption of Innocence , Standard of Prejudice
Lesser Included Offenses: Accusatory Pleading Test – Consideration of Evidence from Probable Cause Showing March 14th, 2017
People v. Ortega (2015) 240 Cal.App.4th 956, 967 held that: “Due process principles of fairness, and defendant’s right to be prosecuted only on the noticed charges consistent with the probable cause showing supporting the accusatory pleading, compel us to agree that sexual battery is a lesser included offense of forcible sexual penetration where, as here, […]
Tags: CC 1045 , CC Revisions , Lesser Included Offenses , Sex Crimes , Sexual Battery , Standard of Prejudice
Standard of Prejudice: Penalty Phase Error October 10th, 2016
People v. Grimes (2016)1 Cal.5th 698, 721-23 held that under California law trial court’s erroneous exclusion of evidence is harmless as to penalty unless there is a “reasonable possibility” that the jury would have rendered a different verdict had the erroneously excluded evidence been presented to the jury. The “reasonable possibility” standard is “the same, […]
Tags: Death Penalty , Standard of Prejudice
Reversible Chiu Error: Not Clear Beyond A Reasonable Doubt That Jurors Rejected Natural and Probable Consequences Theory August 22nd, 2016
People v. Brown (2016) 247 CA4th 211 reversed Brown’s first degree murder conviction in light of People v. Chiu (2014) 59 Cal.4th 155. The jury was instructed on three first degree murder theories: (1) Brown was the actual killer, (2) he aided and abetted the actual killer with the intent to kill, and (3) he […]
Tags: Accomplice Liability , Aider and Abettor , Appeal , Attempted Murder , CC 400 , CC 401 , CC 402 , CC 403 , CC 415 , CC 416 , CC 417 , CC 521 , CC 600 , CC 601 , Chiu Doctrine , Premeditation and Deliberation , Retroactivity , Standard of Prejudice
Chun Error: 9th Circuit overturns CSC Finding of harmless error August 15th, 2016
Chun was convicted of second-degree felony murder based on shooting at an occupied motor vehicle either directly or as an aider and abetter. He appealed, arguing that felony murder was inapplicable under the merger doctrine. He also contended that improperly giving the jury the felony murder instruction allowed the jury to convict him of second-degree […]
Tags: CC 541A , CC 541B , CC 541C , Merger , Standard of Prejudice
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