Can a defendant appeal his own instructions in a personal injury case against a defense counsel?
California, United States of America
The following excerpt is from People v. Benavides, 105 P.3d 1099, 24 Cal.Rptr.3d 507, 35 Cal.4th 69 (Cal. 2005):
Counsel and the court conferred regarding instructions; defense counsel offered no instructions of his own, and agreed with or did not object to the instructions selected by the court. Nevertheless, to the extent defendant asserts instructional error affected his substantial rights, he is not precluded from raising the
[24 Cal.Rptr.3d 539]
claim on appeal even absent an objection in the trial court. (? 1259; see People v. Prieto (2003) 30 Cal.4th 226, 247, 133 Cal. Rptr.2d 18, 66 P.3d 1123.)[24 Cal.Rptr.3d 539]
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