Does a defendant's failure to object or request clarifying or corrective language in a jury instruction forfeit an appellate challenge to that instruction?
California, United States of America
The following excerpt is from People v. Perez, D065837 (Cal. App. 2015):
If a court instructs the jury with an incorrect statement of law, a defendant's failure to object or request clarifying or corrective language does not forfeit an appellate challenge to that instruction, if the defendant's substantial rights are affected. (People v. Smithey (1999) 20 Cal.4th 936, 976-977, fn. 7; People v. Barker (2001) 91 Cal.App.4th 1166, 1173; see 1259 ["The appellate court may . . . review any instruction given, . . .
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