What is the standard of review used by appeal judges to determine whether an instruction on the lesser included offense should have been given?
California, United States of America
The following excerpt is from People v. Bonilla, F067224 (Cal. App. 2015):
"[O]n appeal we employ a de novo standard of review and independently determine whether an instruction on the lesser included offense ... should have been given." (People v. Manriquez (2005) 37 Cal.4th 547, 584.)
"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 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)
Does the law of the case doctrine preclude a litigant from seeking a writ of appeal against a finding that the trial judge was an impartial judge who failed to instruct on lesser included offenses? (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 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 test for a de novo review to determine whether the court should have instructed on a lesser included offense? (California, United States of America)
What is the de novo standard of review applied to an appeal that contends the trial court should have instructed sua sponte on a lesser included offense or defense? (California, United States of America)
What is the standard of review for the Court of Appeal to determine whether or not to instruct or admonish a jury in their supervision of a jury? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
What is the standard of review applied by the Court of Appeal in determining whether to instruct a jury? (California, United States of America)
