Does a defendant's failure to request clarification or amplification of an otherwise correct instruction on an instruction or in particular on appeal?
California, United States of America
The following excerpt is from People v. Crew, E053522 (Cal. App. 2012):
As general rule, a defendant's failure to request clarification or amplification of an otherwise correct instruction forfeits that claim on appeal. (People v. Young (2005) 34 Cal.4th 1149, 1203.) However, because defendant also asserts that defense counsel's failure to object or to request clarification deprived him of his constitutional right to the effective assistance of trial counsel, we will address the instructional issue on its merits.
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