What is the consequence of a prosecutor's failure to instruct appellant to consider each count separately?
California, United States of America
The following excerpt is from People v. Alvarado, B281886 (Cal. App. 2018):
Initially, we note that appellant neither objected to the introduction of this evidence nor sought an instruction under CALCRIM No. 3515. He has therefore forfeited any argument in this regard. (See People v. Landry (2016) 2 Cal.5th 52, 80-81 [defendant forfeited claims that gross unfairness resulted from lack of instruction to consider each count separately and from prosecutor's alleged misconduct, by failing to object or seek the instruction below].)
"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
In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (California, United States of America)
Are there any cases where a defendant was convicted of two counts where there were two separate victims named in two separate counts? (California, United States of America)
Can the jury consider the importance of the age factor in determining whether or not the evidence should be considered "triple count" or "double count"? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
How have courts interpreted comments made by a prosecutor in a civil case where the prosecutor suggested that the prosecutor's theories were not the exclusive theories that may be considered by the court? (California, United States of America)
Does the failure of evidence and instruction regarding count 4 constitute prejudicial instructional errors? (California, United States of America)
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)
Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review? (California, United States of America)
Can a jury be found to have breached their instruction not to discuss appellant's failure to testify during deliberations by discussing the appellant's refusal to testify? (California, United States of America)
Does a failure to instruct on the elements of a second degree murder constitute a "failure to amplify or clarify the correct instruction"? (California, United States of America)
