What is the standard of review for a challenge to a trial court's failure to instruct on a lesser included offense?
California, United States of America
The following excerpt is from People v. Rhee, B263988 (Cal. App. 2016):
The standard of review for a challenge to the trial court's failure to instruct on a lesser included offense is de novo. We view the evidence in the light most favorable to the defendant. (People v. Millbrook (2014) 222 Cal.App.4th 1122, 1137 (Millbrook).) Because defendant contends the instructions were deficient under the federal law, we apply the test articulated in
Page 28
"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
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on a lesser included offense? (California, United States of America)
What is the standard of review applied to a failure by the trial court to instruct on an assertedly lesser included offense? (California, United States of America)
What is the standard of review applied to a failure by the trial court to instruct on a lesser included offense? (California, United States of America)
What is the standard of review applied to a trial court's failure to instruct the jury on an assertedly lesser included offense? (California, United States of America)
Does a trial court's failure to instruct a sponte on a lesser included offense need to be reviewed de novo? (California, United States of America)
What is the standard of review for a court's failure to instruct on lesser included offenses of battery or aggravated battery? (California, United States of America)
What is the de novo standard of review applied to determine whether the trial court erred in failing to instruct on a lesser included offense? (California, United States of America)
