Does the Court's error in instructing on aiding and abetting and prosecutorial misconduct constitute cumulative error?

California, United States of America


The following excerpt is from People v. Johnson, C085585 (Cal. App. 2020):

Defendant asserts the court's error in instructing on aiding and abetting and the prosecutorial misconduct constitute cumulative error. We disagree. We found no error in either argument, and even if we had, to the extent there were multiple errors that were not individually prejudicial, as is the case here, the cumulative effect is not prejudicial. (See People v. Eubanks (2011) 53 Cal.4th 110, 152 ["[h]aving found only minor harmless errors during defendant's trial, we reject her claim of cumulative effect"].)

Other Questions


If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
When a jury is given instructions on aiding and abetting and withdrawal of one who aids and abets a crime, what are the implications of this error? (California, United States of America)
In re-examining the findings of the Court of Appeal's error review, what are the consequences of the error where the error is cumulative? (California, United States of America)
If the court instructs the jury on an aiding and abetting theory of liability, is this an error that is harmless? (California, United States of America)
What is the basis for a finding of error in a trial court's refusal to instruct a jury to instruct on unanimity in a case where there were three distinct threats that could have constituted violations of section 422 of the Criminal Code? (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)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does the Court of Appeal's failure to instruct on involuntary manslaughter constitute a federal constitutional error subject to review? (California, United States of America)
How have the courts interpreted the specific intent instructions under the standard aiding and abetting instructions? (California, United States of America)
What is the test for review of an instruction in the Superior Court of Appeal where the instruction in error was found to be in error? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.