What is the test for consciousness of innocence in a murder trial?

California, United States of America


The following excerpt is from The People v. Cowan, No. 059675A, S055415 (Cal. 2010):

Finally, even assuming error, it was harmless under any standard. The proffered evidence, although relevant to consciousness of innocence, was "less than compelling... since, if [defendant] had been involved in [the Mercks'] murder, it can be assumed he would have lied to a police detective questioning him about it." (People v. Curl, supra, 46 Cal.4th at p. 362.) The ambiguous nature of the evidence thus counsels against any finding that its exclusion affected the verdicts.

Other Questions


What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
What evidence has been presented to a jury in a murder trial of a convicted murderer with a history of violence? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
What is the test for a trial court to instruct on second degree murder as a lesser included offense of felony murder? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.