People v. Grandberry
California Court of Appeal, 5th District
1Opinion of the CourtSanchez, J.
*260*601After a jury trial, appellant Henry Lee Grandberry was found guilty of unlawful possession of a dirk or dagger while confined in state prison. ( Pen. Code,1 § 4502, subd. (a).) On appeal, Grandberry contends the trial court erred in instructing the jury-pursuant to *602CALCRIM No. 361 -that it could draw an unfavorable inference from his failure to explain or deny incriminating evidence at trial. According to Grandberry, the instruction was improper because he did explain or deny all of the evidence against him and because the form instruction violated his due process rights by unreasonably…
2Cases cited20 opinions
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Wardius v. OregonSupreme Court of the United States · 1973
- Holland v. IllinoisSupreme Court of the United States · 1990
- People v. MayberryCalifornia Supreme Court · 1975
- People v. SaddlerCalifornia Supreme Court · 1979
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3Cited by9 opinions
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