Is a claim that a court failed to properly instruct on the applicable principles of law reviewed de novo?
California, United States of America
The following excerpt is from People v. Rodriguez, F066128 (Cal. App. 2014):
"[A] claim that a court failed to properly instruct on the applicable principles of law is reviewed de novo. [Citation.]" (People v. Martin (2000) 78 Cal.App.4th 1107, 1111.)
"A trial court must instruct the jury 'on the law applicable to each particular case.' [Citations.]" (People v. Martin, supra, 78 Cal.App.4th at p. 1111.)
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