Can an instruction in a medical malpractice case change the burden of proof to a jury by allowing for a more "permissive inference"?
California, United States of America
The following excerpt is from People v. Rivas, F071220 (Cal. App. 2017):
Consequently, the instruction does not violate due process. (People v. Gamble (1994) 22 Cal.App.4th 446, 454-455 [permissive inference does not shift burden of proof and violate due process unless the suggested inference is not one that reason and common sense justify in light of the proven facts before the jury].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motion to suppress evidence in a medical malpractice case, has a recommending physician ever been allowed to attach a statement recommending marijuana for medical purposes? (California, United States of America)
What is the burden of proof in a medical malpractice case? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
What is the burden of appealing against a recommendation made by the California Medical Board on medical malpractice? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
Does the permissive inference in a sexual assault case allow the jury to draw an irrational inference? (California, United States of America)
How have courts interpreted a burden-shifting instruction in a medical malpractice case? (California, United States of America)
What is the burden of proof in medical malpractice cases? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
Does an instruction allowing the jury to credit or reject an inference "based on its evaluation of the evidence" relieve the People's burden of establishing guilt beyond a reasonable doubt? (California, United States of America)
