Does a jury have to consider whether a jury has been instructed to disregard an instruction from the Court of Appeal that is not supported by how the jury views the evidence?

California, United States of America


The following excerpt is from People v. Brown, A140952 (Cal. App. 2016):

(People v. Cross (2008) 45 Cal.4th 58, 67.) Moreover, the jury was instructed with CALCRIM No. 200 that it should in effect ignore an instruction that was not supported by how the jury viewed the evidence.9 It is presumed the jury followed this instruction. (People v. Pearson (2013) 56 Cal.4th 393, 414; People v. Hovarter (2008) 44 Cal.4th 983, 1005.)

Other Questions


In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Does Defendant have any evidence to support her claim that the court failed to review the supporting documents to determine whether attorney fees requested were reasonable in need and amount? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
When a defendant's out-of-court statement is admitted to a jury, does the court have to instruct the jury that this evidence must be viewed with caution? (California, United States of America)
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal? (California, United States of America)
What is the test for a motion where the Court of Appeal found that a lower court found that there was insufficient evidence to support the Plaintiff's claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.