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California Supreme Court

May 11, 2016

State high court weighs prejudicial effect of jury instructions

The state Supreme Court Monday settled debate over California Criminal Code No. 361 jury instructions and when they are appropriately given, ruling implausible testimony from a defendant does not prevent the code from being invoked, a reversal of an appellate court ruling.

By L.J. Williamson
Daily Journal Staff Writer

The state Supreme Court Monday reversed an appellate court ruling on California Criminal Code jury instructions and when they are appropriately given, ruling implausible testimony from a defendant does not prevent the code from being invoked.

The reversal of Norma Lillian Cortz's conviction was remanded to the appellate court.

CALCRIM 361 reads: "if the defendan...

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