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Please note that this page only contains the table of contents of the Winter 2013 newsletter.

Please select the link below to download the latest FORECITE newsletter in its entirety.

WINTER 2013 FORECITE NEWSLETTER
(Right Click on link and "Save As")


Winter 2013 FORECITE Newsletter
Table of Contents

PRACTICE GUIDE

PG X(B)(3.1) Standard Of Prejudice When Instructions Include Legally Incorrect Theory
PG X(D)(7) Superfluous Jury Instructions May Be Misleading
PG X(E)(16) Errors In Superfluous or Irrelevant Instructions

CALCRIM

F 1401 Note 10 Improper To Instruct On Gang Enhancement When Defendant Was A Sole Perpetrator

NEW CALCRIM ANNOTATIONS

250 Consciousness Is Not An Element Of DUI
251 Indecent Exposure – Concurrence Of Act And Intent
334 Federal District Court Assumes Arguendo That Instruction Regarding Mid-Trial Guilt Plea Should Have Been Given
361 Applicability When Defendant Tenders An Explanation
400/401 Jurors Must Find Aider And Abettor Mental State
520 Suggested Improvement Of CC Second Degree Murder Instructions
521 Suggested Improvement Of CC Second Degree Murder Instructions
703/736 Gang Special Circumstance: Intent To Kill
821 Definition Of The Term “Likely”
875 Multiple Assault Victims
875 Assault: Flawed Definition Of Deadly Weapon Allows Conviction Based On Inherently Dangerous Weapon
1003 Rape Of Unconscious Person: Improper Theory – Impersonation Of Victim’s Boyfriend
1125 Improper To Give General Instruction On CC 370
1160 Indecent Exposure – Concurrence Of Act And Intent
1215 Kidnapping: Failure To Instruct On Incidental Movement As Reversible Error
1300 Threats: Momentary Fear Not Sufficient
1300 Criminal Threats: Objective Reasonableness
1403 Whether It Would Be Error Not To Give A Limiting Instruction Regarding Gang Evidence
1700 Burglary – Consent: Duty To Instruct On Burden Of Proof
2338 Definition Of “Reducing Agent”
3145 Assault: Flawed Definition Of Deadly Weapon Allows Conviction Based On Inherently Dangerous Weapon
3402 Failure To Instruct On Burden Of Proof As To Duress Was Error
3426 Modification In Prescription Drug Case
3426 Assumption Of Risk Language
3427 Options Not Supported By The Evidence Should Be Deleted
3450 Instruction On Presumption Of Sanity Is Improper At Guilt Trial
3500 Applicability Of Juror Unanimity To Possession Of Ammunition
3500 Failure To Instruct On Juror Unanimity As To Multiple Act Was Reversible Even Though The Defendant Offered The Same Defense To Each Offense

FORECITE User’s Manual

ANNOTATED LIST OF CALCRIM INSTRUCTIONS
DISCUSSED IN THE CASE LAW: Fall 2007 – Winter 2013

30 new annotations (over 600 annotations total) on over 235 CALCRIM instructions

RECENT CASE LAW UPDATE


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