Defenses Archives

Categories: By CALCRIM Number, Defenses, Jury Instructions, Mistake/Necessity/Duress, Right to Counsel, Self-Representation

Summary

Jury instruction for aggravated kidnapping prejudicially allowed conviction under the legally invalid theory that defendant kidnapped to exact money or something valuable from the kidnap victim. A jury convicted Stringer of aggravated kidnapping (Pen. Code, § 209, subd. (a)) and…

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Name: People v. Meza

Case #: E070015

Opinion Date: 08/14/2019

Categories: Defenses, Statute of limitations

Summary

Where prosecutor requested jury instruction on a time-barred lesser included offense, defendant did not forfeit his statute of limitations challenge despite failure to object in the trial court. In 2014, defendant assaulted his daughter on the street and was charged…

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Name: People v. Bates

Case #: C086471

Opinion Date: 05/07/2019

Categories: Defenses, General Principles, Jury Instructions, Justification for act: homicide or assault

Summary

Because the defendant was unaware of the victim's prior threatening conduct, such conduct was not relevant to show defendant's state of mind for purposes of self-defense. During defendant's murder trial, several witnesses testified about past events in which the victim…

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Name: People v. Ahmed

Case #: A149066

Opinion Date: 06/19/2018

Categories: Areas Constitutional Law, Defenses, Present a Defense, Prop 215 (medical use of marijuana)

Summary

A city or county ordinance banning marijuana dispensaries does not abrogate the medical marijuana defense in a prosecution under state criminal law. Ahmed operated a medical marijuana business in Livermore, which has a municipal ordinance that prohibits marijuana dispensaries. After…

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Name: People v. Brown

Case #: A144372

Opinion Date: 05/23/2018

Categories: Defenses, Statute of limitations

Summary

For purposes of extending the statute of limitations for certain sex offenses (former Pen. Code, § 803, subd. (g)), a report of sexual abuse made to law enforcement by a person or agency other than the victim does not constitute…

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Name: People v. Berg

Case #: H043511

Opinion Date: 05/25/2018

Categories: All Other Crimes, Crimes, Defenses, Mens Rea, Mental

Summary

Trial court properly excluded evidence of defendant's voluntary intoxication because he was charged with possessing a controlled substance in jail, which is a general intent crime. Berg was charged with knowingly possessing methamphetamine in a jail (Pen. Code, § 4573.6)…

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Name: People v. Jackson

Case #: E065757

Opinion Date: 04/17/2018

Categories: Defenses, Guilty Pleas, Mental, Pleas

Summary

Trial court's finding that defendant was competent to stand trial at the time of his plea and at sentencing was not supported by substantial evidence. Jackson was charged with lewd acts on a minor in San Bernardino County. A doubt…

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Name: People v. Jo

Case #: C079280

Opinion Date: 10/03/2017

Categories: By CALCRIM Number, Defenses, Jury Instructions, Miscellaneous defenses

Summary

Trial court erred by instructing the jury, over defense objection, with an inconsistent affirmative defense to child custody deprivation. A jury convicted defendant of child custody deprivation (Pen. Code, § 278.5, subd. (a)). The case arose when defendant, a South…

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Name: People v. Chestra

Case #: B264462

Opinion Date: 03/17/2017

Categories: Defenses, Justification for act: homicide or assault

Summary

Trial court did not err in failing to instruct on voluntary manslaughter where defendant initially confessed to murder but later claimed he was not the shooter. Defendant Chestra confessed to shooting a former friend and fellow gang member in the…

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Name: Hudson v. Superior Court

Case #: E065645

Opinion Date: 01/24/2017

Categories: Defenses, Extraordinary Remedies, General vs Specific, Legislation, Prohibition, Statute of limitations

Summary

Prosecution for offering a false instrument (Pen. Code, § 115) precluded where more specific statute (Govt. Code, § 87203) applies to defendant's act of filing a statement of economic interest form that did not fully disclose her property interests. Hudson…

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