Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury?
California, United States of America
The following excerpt is from People v. Brown, H037995 (Cal. App. 2013):
"An appellate court applies the abuse of discretion standard of review to any decision by a trial court to instruct, or not to instruct, in its exercise of its supervision over a deliberating jury." (People v. Waidla (2000) 22 Cal.4th 690, 745-746.)
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