Does the standard of review apply to a claim of error arising from a failure to give an instruction on witness credibility?
California, United States of America
The following excerpt is from People v. Moore, B302046 (Cal. App. 2020):
People v. Murillo (1996) 47 Cal.App.4th 1104 (Murillo), is instructive on the applicable standard of review. There, the court held that the standard announced in People v. Watson (1956) 46 Cal.2d 818, governs a claim of error arising from a trial court's failure to give an instruction on witness credibility because that error does not constitute a violation of the federal constitution. (Murillo, supra, 47 Cal.App.4th at pp. 1107-1108.)
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