Is a jury's response to a question in a personal injury case entitled to a full and complete set of instructions sufficient to satisfy the jury's request for information?

California, United States of America


The following excerpt is from People v. Johnson, C068950 (Cal. App. 2014):

As previously discussed, " '[w]here . . . the original instructions are themselves full and complete, the court has discretion . . . to determine what additional explanations are sufficient to satisfy the jury's request for information.' " (Dykes, supra, 46 Cal.4th at p. 802.) "When the trial court responds to a question from a deliberating jury with a generally correct and pertinent statement of the law, a party who believes the court's response should be modified or clarified must make a contemporaneous request to that effect; failure to object to the trial court's wording or to request clarification results in forfeiture of the claim on appeal. [Citations.]" (Ibid.) Trial counsel's failure to object to the court's response to a jury question may be construed as approval of that response. (People v. Boyette (2002) 29 Cal.4th 381, 430; People v. Price (1991) 1 Cal.4th 324, 414; People v. Kageler (1973) 32 Cal.App.3d 738, 746.)

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