Tuesday, December 27, 2011
Review Granted in Reasonable Doubt Case
The propriety of explaining the concept of "an abiding conviction" will be considered by the California Supreme Court in People v. Muniz (S196916). See "When Will They Ever Learn?" posted Sept. 14, 2011. Muniz joins another decision of the Fourth District Court of Appeal, People v. Moore (S192529), which affirmed the trial court's offering to the jury of several examples of what did and did not constitute reasonable doubt. See "He's Just Trying to Help," posted April 11, 2011. Action in both cases is being deferred pending consideration of People v. Aranda (S188204), also from the Fourth District, where the trial court failed to give the standard reasonable doubt instruction at all.