Defense Theory Instruction On Non-Included Lesser Offenses (August 2007)

Applying The Proof Beyond A Reasonable Doubt Standard To Individual Facts (August 2007)

Jurors Must Unanimously Reject Any Defenses Before Convicting (August 2006)

Keeping The Adversarial Process Alive Under CALCRIM: Different Committee — Same Challenge (May 2006)

Motive Evidence (Part II): Defense Theory Instructions (September 2005)

Jury Instruction Lessons From The Peterson, Blake And Jackson Trials (June 2005)

Motive Evidence: Issues And Instructions (Part I) (May 2005)

The "Walking Dictionary" Myth (March 2005)

Witness Credibility And The Presumption Of Innocence: Challenging Standard Pattern Instructions Which Define The Trial In Terms Of "Seeking The Truth" (October 2004)

Agard Agony (May 2004)

Affirmative Defenses: Avoiding The "All-Or-Nothing" Trap (March 2004)

Partial Verdicts: Issues and Instructions (January 2004)

The Second Amendment And Firearm Liability Under 18 U.S.C. 922(g)(3): Defining An "Unlawful User" Of Drugs (December 2003)

Third Party Guilt: The Crucial Role Of Defense Theory Instructions (July 2003)

Comparison Of Standards: A Strategy For Explaining Proof Beyond A Reasonable Doubt (May 2003)

The Prosecution’s Burden Of Proof Is Not Satisfied By Equally Conflicting Inferences That Are In A State Of Equipoise (March 2003)

Propriety Of Permitting Jurors To Submit Questions For Witnesses; Instructional Safeguards To Consider If Juror-Authored Questions Are Allowed (October 2002)

Appellate Counsel Should Be Alert To The Use Of The "Preclusive Instruction" Doctrine by Dallas Sacher (Dec 2002)

Witness Receiving Personal Inducements From Prosecution: Cautionary Instructions (Sept 2002)

Shackling Or Physical Restraint Of Defense Witness: Issues And Instructions (July 2002)

Argument vs. Instruction: Keeping Each In Its Place (May 2002)

Reverse 404(b) Instructions: Using Uncharged Acts Or Misconduct To Bolster The Defense (March 2002) 

Juror Anonymity: Issues And Instructions (December 2001)

Going Beyond The Standard Pattern Instructions Part III: Jury Instruction Strategies When The Judge Says "No"  (September 2001)

FORECITE MILITARY: Cruel and Unusual Punishment - 8th Amendment Violations - Detention (July 2001)

Going Beyond The Standard Pattern Instructions Part II: Strategies For Persuading The Trial Judge To Modify Or Supplement The Pattern Instructions (July 2001) 

Going Beyond The Standard Pattern Instructions Part I: The Inherent Limitations Of Pattern Instructions (March 2001) 

Instructional Responses To Sloppy Police Work (December 2000) 

Ideas For Obtaining Instruction On Non-Included Lesser Offenses (July 2000)

Apprendi: A Watershed Decision (July 2000) 

Flight Evidence and Jury Instructions: Ideas for Clipping the Prosecution's Wings (April 2000) 

The Search for Instructional Error by the Appellate Advocate: a Suggested Approach by Dallas Sacher (April 2000) 

Avoiding The Pitfall, In A Non-Capital Trial, Of Informing The Jury That The Penalty Will Not Be Death (December 1999) 

Is An Attempt Always A Lesser Included Of The Completed Crime? (June 1999)

Subtle But Important Challenges To CALJIC 2.50 (Uncharged Crimes) (June 1999)

Jury Consideration Of The Defendant’s Non-Testimonial Demeanor And Conduct: The Hidden Challenge to the Defendant’s Constitutional Rights (January 1999)

Moving For Severance? Don’t Forget To Look At The Jury Instructions (January 1999)

Birks and Breverman: New Rules and New Strategies for Lesser Offenses (December 1998)

Examples of How You Can Gain a Winning Edge by Refusing to Play the "Jury Instruction by Number Game" (June 1998)

Jury Instruction Requests: Trial Counsel’s Duties (May 1998)

CALJIC 9.00 Improperly Allows Conviction of Assault Based on Negligence (March 1998)

Because Provocation With Heat Of Passion Or Sudden Quarrel Negates Malice, Such A Killing Without Homicidal Intent Is Involuntary Or Voluntary Manslaughter. By guest-author Stephen Greenberg, an appellate practitioner Grass Valley, California (January 1998)

Duty to Deliberate: Impropriety of Juror-on-Juror Coercion (June 1997)

MISCELLANEOUS INSTRUCTION IDEAS: Possession Of Recently Stolen Property Must Be "Unexplained"; Jury Required To Find More Than Mere Presence (March 1997)

Applicability Of Circumstantial Evidence Principles To Direct Evidence (October 1996)

Accomplice Issues: Variations on the Theme (August 1996)

Established Elements of Robbery Not in CALJIC (July 1996)

Has the California Supreme Court Killed Misdemeanor Manslaughter ? (April 1996)

Instructing the Jury on the Knowledge Element of Willfulness and General Intent (February 1996)

How Should An Acquittal Be Described To The Jury? (February 1996)

MISCELLANEOUS INSTRUCTION IDEAS: Expert Witness: Consideration Of The Foundation Of The Opinion; Exercise Of Privilege: No Presumption As To Any Matter At Issue; Mental Competence: Specification Of Standard; Vehicular Manslaughter: Deletion Of Inherently Dangerous Act From Instruction On PC 192(c)(1); Basic Speed Law: Deletion of "Inherently Dangerous To Human Life" Language; Appellate Tidbits (November 1995)

Conspiracy Instruction Update (August 1995)

THE STANDARD PATTERN INSTRUCTION SHOULD DEFINE THE TERM "ABIDING CONVICTION" (June 1995)

CALJIC 2.90 (1994 REVISION) SHOULD DEFINE THE TERM "ABIDING CONVICTION" TO AVOID CONFUSION WITH THE CLEAR AND CONVINCING EVIDENCE STANDARD (June 1995)

Proposed Instructions Regarding DUI Presumptions Set Forth In VC § 23155(a) (September 1994)

COLANTUONO (April 1994)

GUITON ALERT: Trial And Appellate Strategies Now That Defendant Has Burden To Show Prejudice From A Factually Insufficient Theory (July 1993)

Adventures in the Wonderland of Specific Intent (April 1993)

Instruction on Lesser Included Offenses Over Defense Objection; Instruction on Bias of Police Witness Due to Potential Receipt of Forfeiture Proceeds; Pinpoint Instruction Strategies (February 1993)