ONCALL
...Evidence
......General
6 Cards On This Topic:

Advisory to counsel to refrain from incivility in brief writing.

P's conditional acceptance of D's offer did not create a binding settlement enforceable under section CCP §998.

Where student faces sanction in a university disciplinary proceeding and the decision depends on witness credibility, student must be afforded an in-person hearing and cross-examination of critical witnesses.

Trial ct. properly instructed jury on the intent required for kidnapping, and did not fail to give proper instruction on the crime's asportation element.

D's conviction for first degree murder reversed where there was no basis to conclude that the jury did not rely on the natural and probable consequences theory.

Trial ct. did not have to give an instruction on attempted kidnapping because it is not a lesser included offense of kidnapping.