California, United States of America
The following excerpt is from People v. Russell, 117 Cal.Rptr.3d 615, 242 P.3d 68, 50 Cal.4th 1228 (Cal. 2010):
Defendant argues that the court's error in instructing the jury pursuant to CALJIC No. 2.03 requires reversal because it cannot be demonstrated that the error was harmless beyond a reasonable doubt pursuant to Chapman v. California, supra, 386 U.S. at page 24, 87 S.Ct. 824. In light of defendant's numerous taped confessions, we conclude that error, if any, in instructing the jury pursuant to CALJIC No. 2.03 was harmless.
5. Alleged Instructional Error That Jury Need Not Agree Whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.