Does a factfinder have to consider whether a trial court misstated an element of the crime?
MultiRegion, United States of America
The following excerpt is from United States v. Charette, 893 F.3d 1169 (9th Cir. 2018):
We review whether the trial court "misstated an element of the crime" de novo . United States v. McKittrick , 142 F.3d 1170, 1176 (9th Cir. 1998). A factfinder's
[893 F.3d 1173]
"misconception of an essential element of the crime charged" is "subject to harmless error analysis." United States v. Wallen , 874 F.3d 620, 632 (9th Cir. 2017) (citations and internal quotations omitted).
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