California, United States of America
The following excerpt is from People v. Olsen, H036654 (Cal. App. 2012):
responsibility for adequate instruction becomes particularly acute when the jury asks specific guidance.' [Citation.]" (Bartosh v. Banning (1967) 251 Cal.App.2d 378, 387.)
The standard of review for a claim of error in the trial court's response to a juror question is abuse of discretion. "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. [Citation.]" (People v. Waidla (2000) 22 Cal.4th 690, 745-746; see also People v. Smithey (1999) 20 Cal.4th 936, 985.)
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.