Does the abuse standard of review apply to any decision by the trial court to instruct or not to instruct?
California, United States of America
The following excerpt is from People v. Fleming, 238 Cal.Rptr.3d 429, 27 Cal.App.5th 754 (Cal. App. 2018):
"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, 745746, 94 Cal.Rptr.2d 396, 996 P.2d 46.) However,
[238 Cal.Rptr.3d 440]
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