What is the burden of proving that erroneous or prejudicial instruction was prejudicial to a jury's verdict?
MultiRegion, United States of America
The following excerpt is from Arzate v. Holland, 1:09-cv-02156 MJS HC (E.D. Cal. 2012):
had a substantial and injurious effect or influence in determining the jury's verdict.). See Hanna v. Riveland, 87 F.3d 1034, 1039 (9th Cir. 1996). The burden of demonstrating that an erroneous instruction was so prejudicial that it will support a collateral attack on the constitutional validity of a state court's judgment is even greater than the showing required to establish plain error on direct appeal." Id.
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