What is the standard of review for instructional error in a jury trial?

California, United States of America


The following excerpt is from People v. Huntington, G054507 (Cal. App. 2018):

The standard of review for instructional error is well-established. "We review de novo whether a jury instruction correctly states the law. [Citation.] Our charge is to determine whether the trial court '"fully and fairly instructed on the applicable law." [Citation.]' [Citation.] We look to the instructions as a whole and the entire record of trial, including the arguments of counsel. [Citation.] Where reasonably possible, we interpret the instructions '"to support the judgment rather than [to] defeat it."' [Citation.]" (People v. Mason (2013) 218 Cal.App.4th 818, 825.)

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