Blog Jay Leiderman Law

Tag Archives: jury instruction

Failure-to-Recall Instruction At defendant’s competency trial, all the experts agreed that defendant appeared to suffer from impaired memory. Therefore, at the prosecution’s request, the jury was instructed: “The inability to recall facts or information does not in and of itself render a defendant incompetent to stand trial; however, it is a factor to be considered […]

In American jurisprudence it suffices that the testimony of one witness who is believed is sufficient for a conviction.  The Bible disagrees.  The Bible says the following in Deuteronomy 19:15, as it relates to criminal inquests and prosecutions: “A single witness shall not suffice against a person for any crime or for any wrong in […]

DEFENDANT IS THUS ENTITLED TO A JURY INSTRUCTION REGARDING THE COLLECTIVE MEDICAL MARIJUANA DEFENSE UNDER HEALTH AND SAFETY CODE SECTION 11362.775 In People v. Urziceanu (2005) 132 Cal. App. 4th 747 the Court held that the –   “defendant argues that the Medical Marijuana Program Act provides him with a new defense to the charge […]