Can a federal court review a claim of instructional error?

MultiRegion, United States of America

The following excerpt is from Hosley v. Peery, Case No. 1:15-cv-01374-LJO-JDP (E.D. Cal. 2018):

A federal court's review of a claim of instructional error is highly deferential. See Masoner v. Thurman, 996 F.2d 1003, 1006 (9th Cir. 1993). A reviewing court may not judge the instruction in isolation but must consider the context of the entire record and of the instructions as a whole. See id. The mere possibility of a different verdict is too speculative to justify a finding of constitutional error. See Henderson, 431 U.S. at 157.

1. Ground 4: CALCRIM No. 3428 - Background

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