What is the standard of review for a failure by a court to instruct on a lesser included offense?
California, United States of America
The following excerpt is from People v. Morales, 2d Crim. No. B270228 (Cal. App. 2017):
error is subject to our independent review. (People v. Cole (2004) 33 Cal.4th 1158, 1218 ["We apply the independent or de novo standard of review to the failure by the trial court to instruct on an assertedly lesser included offense"].)
"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 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 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 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)
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 for a challenge to a trial court's failure to instruct on a lesser included offense? (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 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)
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)
