Does the Attorney General have any grounds to object to instructions that allow the jury to use permissive inference?

California, United States of America


The following excerpt is from People v. Hernandez, A137500 (Cal. App. 2014):

Defendant does not contend that the prosecution failed to present sufficient evidence of the underlying events to warrant these instructions. He does contend that the instructions concerning the jury's use of these permissive inferences violated his right to due process, specifically, that they allowed the jury to treat misleading statements or an attempt to suppress evidence not just as indicative consciousness of guilt, but as actual substantive evidence of guilt. Contrary to the Attorney General's position, defendant's failure to object to these instructions in the trial court does not preclude our consideration of the merits of his contention. ( 1259; People v. Taylor (2010) 48 Cal.4th 574, 630, fn. 13.)

Other Questions


Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does the Attorney General have forfeited the issue of a defendant's right to object to the instruction that the jury instructions omitted an essential element of the charge? (California, United States of America)
Does the Attorney General have any authority to deny a defendant a claim of instructional error by failing to object to the instruction at trial? (California, United States of America)
Does defendant have any grounds of objection to the instruction in his personal injury case where he objected to the reference in the instruction to evidence of threats? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
In a death penalty case, in what circumstances will the Attorney General be found to have made an error in instructing the jury pursuant to the Briggs Instruction? (California, United States of America)
Does a plaintiff have any objection to an instruction given to him by the Attorney General? (California, United States of America)
Does the Attorney General have any grounds to deny a defendant's ability to pay his attorney fees? (California, United States of America)
Does the Attorney General have forfeited his confrontation clause claim because defendant failed to object on the ground at trial? (California, United States of America)
Does a plaintiff have any objection to an instruction given to him by the Attorney General? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.