Tag Archives: Voluntary Intoxication


Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
March 21st, 2023

This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice.   These defects in the CALCRIM instructions […]


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Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
February 27th, 2023

This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice.   These defects in the CALCRIM instructions […]


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Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
January 24th, 2023

This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice. These defects in the CALCRIM instructions were […]


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Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
November 30th, 2022

Direct aiding and abetting is based on the combined actus reus of the participants and the aider and abettor’s “own mens rea.” (People v. McCoy (2001) 25 Cal.4th 1111, 1122; see also People v. Powell (2021) 63 Cal.App.5th 689, 712-13.) The aider and abettor’s mens rea includes several subjective mental elements as observed by People […]


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Malice and Voluntary Intoxication
August 14th, 2015

People v. Turk (2008) 164 Cal. App. 4th 1361, 1382, rejected the defendant’s argument that the instruction gave insufficient guidance that malice aforethought and intent to kill are the same thing. The jury was instructed under CC 520 in defining murder that, “[t]he defendant acted with express malice if he unlawfully intended to kill.” (Ibid.)  […]


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CC 626 Is Equivalent To CJ 8.47
January 30th, 2014

  People v. Carlson (2011) 200 Cal. App. 4th 695, 706, observed that CJ 8.47 was similar to CC 626, and that CJ 8.47 was approved by People v. Whitfield (1994) 7 Cal. 4th 437, 454.


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Voluntary Intoxication Resulting in Unconsciousness Instruction Not Applicable To Second Degree Murder Due To Drunk Driving
January 20th, 2014

  People v. Ferguson (2011) 194 Cal. App. 4th 1070, 1082, held that although voluntary intoxication resulting in unconsciousness will normally reduce second degree murder to involuntary manslaughter, it does not do so in the context of drunk driving because the manslaughter statute states it is inapplicable “to acts committed in the driving of a […]


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