Is there any prejudice or prejudice against defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Mickle, 284 Cal.Rptr. 511, 54 Cal.3d 140, 814 P.2d 290 (Cal. 1991):

Defendant raises several claims concerning the foregoing events, none of which has any merit. He first argues that the court erred in answering the jury's inquiry about the special circumstance verdict without prior notice to counsel. (Citing 1138; People v. Hogan, supra, 31 Cal.3d 815, 848-849, 183 Cal.Rptr. 817, 647 P.2d 93.) While the court technically erred, no prejudice occurred under any applicable standard. The court's one-word answer simply directed the jury to [54 Cal.3d 178] follow defense instructions previously given, requiring unanimous overt agreement on any lewd act found to support the special circumstance charge.

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