What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury?

California, United States of America


The following excerpt is from People v. Ramirez, 10 Cal.5th 983, 274 Cal.Rptr.3d 309, 479 P.3d 797 (Cal. 2021):

"An appellate court applies the abuse of discretion standard of review to any decision by a trial court to instruct, or not to instruct, in its exercise of its supervision over a deliberating jury." ( People v. Waidla (2000) 22 Cal.4th 690, 745746, 94 Cal.Rptr.2d 396, 996 P.2d 46 ; see also, e.g., People v. Beardslee (1991) 53 Cal.3d 68, 97, 279 Cal.Rptr. 276, 806 P.2d 1311 [a court has discretion "to determine what additional explanations are sufficient to satisfy the jury's request for information"].) In light of the deferential standard of review and the complete answers the court gave, we conclude the court did not abuse its discretion here.

[10 Cal.5th 1033]

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