California, United States of America
The following excerpt is from People v. Lopez, S073597 (Cal. 2013):
circumstance in this case. Presence of motive may tend to establish a defendant is guilty. Absence of motive may tend to show that a defendant is not guilty." "[T]he instruction did not shift the burden of proof. It merely told the jury it may consider the presence or absence of motive. [Citations.] The motive instruction . . . did not undercut other instructions that correctly informed the jury that the prosecution had the burden of proving guilt beyond a reasonable doubt." (People v. Cleveland (2004) 32 Cal.4th 704, 750.) We decline defendant's invitation to revisit these conclusions.
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.