What are the consequences of the Court's failure to instruct on an instructing on a harmless beyond a reasonable doubt finding?
California, United States of America
The following excerpt is from People v. Salas, A138588 (Cal. App. 2016):
For these reasons, we conclude that the court's failure to instruct on attempt was not harmless beyond a reasonable doubt, and reversal of the murder conviction and felony-murder special-circumstance true finding are required on this ground as well. (See Chapman v. California, supra, 386 U.S at p. 27.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a jury's failure to instruct the jury with a unanimity instruction harmless beyond a reasonable doubt? (California, United States of America)
Does the error in instructing the jury as to the elements of the natural and probable consequences doctrine constitute harmless beyond a reasonable doubt? (California, United States of America)
In what circumstances will a jury interpret the instructions of a jury as permitting a conviction on a standard less than beyond beyond beyond the reasonable doubt? (California, United States of America)
What are the consequences of a court's failure to inform the jury that the prosecution has to prove all elements of all offenses beyond a reasonable doubt? (California, United States of America)
What is reasonable doubt about whether a court's failure to give unanimity instruction was harmless error? (California, United States of America)
Is a jury's failure to give an instruction in a motor vehicle accident case harmless beyond a reasonable doubt? (California, United States of America)
Is a failure to properly instruct on the increased risk of harm element of section 667.61 kidnapping qualifying circumstance harmless beyond a reasonable doubt? (California, United States of America)
What is the test for a jury to determine whether a defendant's failure to instruct the jury on an element of the crime is harmless beyond a reasonable doubt? (California, United States of America)
In what circumstances will the Court find that failing to suppress the contents of appellant's cell phone was harmless beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether the prosecution has proved beyond a reasonable doubt that an instructional error contributed to a jury's finding that a section 12022.53(b) enhancement was harmless? (California, United States of America)
