Joe Hunt talks more about the Claim of Right Defense.
So if the jury had been properly instructed, and had received the law on the Claim of Right Defense, based upon the prosecution’s own theory of the case, they would have had to acquit me of robbery.
If I had been acquitted of robbery, and the special circumstance of robbery, I would not now be doing life without.
I would have received at most a sentence of 25 to life, and I would have been parole eligible like 20 years ago.
So, you know, this is a sort of issue, which because of legal procedural rules, the place to raise it is at trial and certain waiver and negligence documents take hold after you have been convicted. I didn’t learn of this legal theory until 1988 when I read a case called People v. Tufunga, which was a California Supreme Court decision on the Claim of Right Defense in the case of Mr. Tufunga.