Does the independent or de novo standard of review apply in assessing whether instructions correctly state the law?
California, United States of America
The following excerpt is from The People v. Harmon, F057994, No. VCF185453A (Cal. App. 2010):
In addition, "[t]he independent or de novo standard of review is applicable in assessing whether instructions correctly state the law [citations] and also whether instructions effectively direct a finding adverse to a defendant by removing an issue from the jury's consideration [citations]." (People v. Posey (2004) 32 Cal.4th 193, 218.)
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