Legal Opinion

People v. Santiago

California Court of Appeal

Decided November 9, 2009No. F056686PublishedCited by 2 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

WISEMAN, Acting P. J.

In the published portion of this opinion, we uphold the trial court’s use of Judicial Council of California Criminal Jury Instructions (2007-2008) CALCRIM No. 3550 when instructing the jury, concluding that this standardized instruction does not improperly direct minority jurors to give way to majority jurors or improperly tell the jury that all criminal cases must be decided at some point. The instruction contains none of the flaws determined to be objectionable in People v. Gainer (1977) 19 Cal.3d 835 [139 Cal.Rptr. 861, 566 P.2d 997], which disapproved of the…

2Cases cited11 opinions

  1. Griffin v. CaliforniaSupreme Court of the United States · 1965
  2. Allen v. United StatesSupreme Court of the United States · 1896
  3. People v. RodriguezCalifornia Supreme Court · 1986
  4. People v. GainerCalifornia Supreme Court · 1977
  5. People v. BrownCalifornia Supreme Court · 2004

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3Cited by2 opinions

  1. People v. Lehman CA3California Court of Appeal · 2020
  2. People v. Prothro CA2/8California Court of Appeal · 2014

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