What is the standard of review applicable in assessing whether a jury considered a defendant's oral statements with caution?
California, United States of America
The following excerpt is from People v. Aleksanyan, No. BR 050943 (Cal. Super. 2014):
Defendant contends the court erred in failing to instruct the jury with CALCRIM No. 358 concerning the jury considering defendant's oral statements with caution. "The independent or de novo standard of review is applicable in assessing whether instructions correctly state the law [citations] . . . ." (People v. Posey (2004) 32 Cal.4th 193, 218.)
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