General Law Flashcards
Penal Code section 1336
- Material Witness
- Condition
a. About to leave state
b. Sick or inform think attend trial
c. 65 or older
d. dependent adult
i. 18-65
ii. physical or mental limitations iii. developmental disability - Witness life endanger
Penal Code section 1111
Conviction using the testimony of an accomplice requires corroboration that tends to connect the defendant with the commission of the offense.
Corroboration evidence that supports the identity of the the defendant.
People v Avila
Instruction of care and caution is required because the accomplice has a motive to lie.
The prosecution must present “independent evidence that connects the defendant to the crime being charged.
This instruction is mandatory
Penal Code section 1289
After information or indictment:
Good cause
Defense must give notice to lower the bail
People must give no notice.
Setting Bail
Highest offense+enhancement+prior
Other offenses–only if different victim, or different time, or sex
Bail Amount
3 years 20K every additional year +$5K
life=1 million
People v. Nguyen (1990)
The party disputing the age has the burden to prove that the defendant should not be in adult court.
Standard of proof: preponderance of the evidence.
Bullcoming v. New Mexico (2011)
A lab report made only for police purposes is testimonial in nature. Therefore it is not a business record pursuant to Crawford.
Code of Civil Procedure 1219
DV Victim’s cannot be put into custody for contempt of court
People v. Chatman (2006)
Questions regarding a witness lying requires proper foundation
Penal Code 2933
50 percent credits
Penal Code 2933.1
.15 percent credits on violent
Penal Code 851.8
Determination of Factual Innocence
Galindo v. Superior Court (2010)
May file Pitchess discovery prior to preliminary hearing, but its not good cause for a continuance
People v. Ward (2005)
Gang expertise on culture and habits of criminal street gangs meets the threshold for expert because its sufficiently beyond the common experience of average jury members.
People v. Bell (2007)
Expert testimony may rely upon material not admitted into evidence so long as it is the type of material reasonably relied upon by experts in that particular field.
However, court can prohibit incompetent hearsay, i.e. defendant’s self-serving statements, from being in front of the jury under 352.
People v. Prince (2007)
Experts may testify concerning criminal modus operandi and may offer the opinion that evidence seized by the authorities is of a sort used in committing the type of crime charged.
People v. Chun
Assaultive crimes merge into homicide and therefore cannot be the basis of a second degree murder charge.
People v. Leonard
Judge can kick juror for good cause so long as within judge’s discretion
People v. Johnson
Defense must establish a prima facie case. This is established if there is an inference that the prosecutor used race.
People v. Story
1108 applies in murder case when the murder theory is based upon a sex crime, i.e. felony murder, rape
People v. Williams
A 17(b) motion does not trigger 871.5
People v. Knoller
Implied malice requires that the defendant acted with a conscious disregard of the danger to human life
First Degree murder
- Special Circumstances
- Premeditated Deliberate Willful
- Felony Murder
