What is the current state of the law on educational error review?
California, United States of America
The following excerpt is from People v. Stampley, D067024 (Cal. App. 2015):
" '[A]ssertions of instructional error are reviewed de novo.' [Citation.] Whether or not the trial court should have given a 'particular instruction in any particular case entails the resolution of a mixed question of law and fact,' which is 'predominantly legal.' [Citation.] As such, it should be examined without deference." (People v. Hernandez (2013) 217 Cal.App.4th 559, 568.)
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