Can a defendant challenge the jury instructions provided to a jury in a personal injury case?

California, United States of America


The following excerpt is from People v. Phung, G048108 (Cal. App. 2014):

Defendant claims the jury instructions provided with regard to these theories were erroneous. Defendant did not challenge the relevant instructions below. (See People v. Samaniego (2009) 172 Cal.App.4th 1148, 1163 [party forfeits challenge to instructions that correctly state the law in general, even if the instructions are misleading in the particular case].) We address the merits of his contentions of instructional error, both because defendant contends the alleged errors affected his substantial rights ( 1259) and because defendant argues in the alternative that he received ineffective assistance of counsel with regard to the jury instructions.

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