What is the applicable standard of prejudice for failing to instruct on a defense theory of the case?
California, United States of America
The following excerpt is from The People v. Tenney, No. F058582, No. VCF183542 (Cal. App. 2011):
Defendant claims the failure to instruct on a defense theory of the case constitutes federal constitutional error under Chapman v. California (1967) 386 U.S. 18 and it must be shown beyond a reasonable doubt that the error did not contribute to the verdict. It has been shown beyond a reasonable doubt that the error did not contribute to the verdict so we need not determine whether the applicable standard of prejudice was the more
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