Legal Opinion

People v. Moore

California Court of Appeal

Decided March 12, 2002No. C036773PublishedCited by 31 opinions

1Opinion of the Court

Opinion

SIMS, Acting P. J.

In this case involving an attempted willful, deliberate and premeditated murder, we hold that the trial court did not err in refusing a request to instruct on the partial defense of mental disease, defect, or disorder (CALJIC No. 3.32), where defendant elicited no expert testimony that he suffered from a mental disease, defect, or disorder at the time of the offense.

We also hold that substantial evidence supports defendant’s conviction for attempted willful, deliberate and premeditated murder.

We also hold that the trial court did not err when it gave a certain jury…

2Cases cited18 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. People v. KellyCalifornia Supreme Court · 1992
  3. People v. SmitheyCalifornia Supreme Court · 1999
  4. People v. Christian S.California Supreme Court · 1994
  5. People v. GainerCalifornia Supreme Court · 1977

13 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. People v. LarsenCalifornia Court of Appeal · 2012
  2. Bell v. UribeCourt of Appeals for the Ninth Circuit · 2013
  3. Marich v. MGM/UA TELECOMMUNICATIONS, INC.California Court of Appeal · 2003
  4. Brian Parker v. Larry SmallCourt of Appeals for the Ninth Circuit · 2011
  5. People v. WhaleyCalifornia Court of Appeal · 2007

26 more not listed; retrieve them via the Exa API.

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