What is the standard of review in cases involving alleged instructional errors?
California, United States of America
The following excerpt is from People v. Diaz, E055382 (Cal. App. 2014):
We apply the independent standard of review when considering alleged instructional errors. (People v. Westbrooks (2007) 151 Cal.App.4th 1500, 1506.) "'When an accomplice is called as a witness by the prosecution, the court must instruct the jurors sua sponte to distrust [her] testimony. [Citations.]'" (People v. Guiuan (1998) 18 Cal.4th 558, 564.)
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