What is the difference between the standard and the standard instructions for the compassionate use defense?

California, United States of America


The following excerpt is from People v. MENTCH, 195 P.3d 1061, 45 Cal.4th 274, 85 Cal.Rptr.3d 480 (Cal. 2008):

Aware of the difference between the two standard instructions, and concerned about whether the trial court properly instructed the jury in this case, we directed the parties to brief the additional question whether the defendant's burden to raise a reasonable doubt regarding the compassionate use defense (see People v. Mower (2002) 28 Cal.4th 457, 122 Cal.Rptr.2d 326, 49 P.3d 1067) is a burden of producing evidence under Evidence Code section 110 or a burden of proof under Evidence Code section 115. (See, e.g., Evid.Code, 500, 501, 502, 550, and the

[195 P.3d 1074]

Other Questions


What is the difference between an instruction on self-defense and a pattern insanity instruction? (California, United States of America)
What is the difference between a trial court's duty to instruct on defense and that of a defense? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
When will a trial court instruct the jury on the defense of unconsciousness and self-defense in a case of involuntary manslaughter? (California, United States of America)
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury? (California, United States of America)
Can defense counsel request further instructions to instruct the jury that the absence of mitigation is not an aggravating factor? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.