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defendantattorneyappealtrialcredibility
defendantappealtrialwill

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People v. Hannon, 19 Cal.3d 588, 564 P.2d 1203, 138 Cal.Rptr. 885

Facts

After closing their restaurant on January 27, 1974, manager Hugh Smith and assistant Robert Nalette were accosted by a stranger who demanded access to the restaurant. During the encounter, Smith was shot in the back, and the assailant threatened Nalette. Smith could not identify the assailant, but Nalette identified Hannon as the shooter. Hannon's defense relied on an alibi provided by a witness, Elton Brown, who claimed to have been with Hannon at the time of the crime. The prosecution attempted to undermine Brown's credibility by suggesting that Hannon's attorney had ordered Brown not to speak with investigators.

After closing their restaurant on the night of January 27, 1974, manager Hugh Smith and his assistant, Robert Nalette, left the building through the rear-side door about 10:45.

Issue

Did the trial court err in instructing the jury that they could infer consciousness of guilt from the alleged suppression of evidence by the defendant's counsel?

Did the trial court err in instructing the jury that they could infer consciousness of guilt from the alleged suppression of evidence by the defendant's counsel?

Rule

A jury can only be instructed to draw a particular inference if there is evidence in the record that, if believed, supports that inference. The determination of whether such evidence exists is a question of law for the court.

It is an elementary principle of law that before a jury can be instructed that it may draw a particular inference, evidence must appear in the record which, if believed by the jury, will support the suggested inference.

Analysis

The court found that the trial court improperly modified the jury instruction regarding consciousness of guilt, allowing the jury to determine whether evidence existed to support the inference. The evidence presented did not establish a sufficient connection between Hannon and the alleged suppression of evidence, as there was no proof that Hannon's attorney had ordered Brown to remain silent. Therefore, the instruction was not warranted.

In the case before us, the court failed to make the necessary preliminary evaluation and, instead, it chose to modify the standard instruction in a manner which left that determination to the jury.

Conclusion

The court reversed the judgment due to the prejudicial error in the jury instruction regarding consciousness of guilt.

Accordingly, the judgment must be reversed.

Who won?

Lee Roy Hannon prevailed in the appeal because the court found that the jury instruction constituted prejudicial error.

Lee Roy Hannon prevailed in the appeal because the court found that the jury instruction constituted prejudicial error in the circumstances prevailing at trial.

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