What is the standard of review used to determine whether jury instructions state the law?

California, United States of America


The following excerpt is from People v. Paez, D066376 (Cal. App. 2014):

In assessing whether jury instructions correctly state the law, we apply the independent (also referred to as the de novo) standard of review. (People v. Posey (2004) 32 Cal.4th 193, 218.)

"In considering a claim of instructional error we must first ascertain what the relevant law provides, and then determine what meaning the instruction given conveys. The test is whether there is a reasonable likelihood that the jury understood the instruction in a manner that violated the defendant's rights." (People v. Andrade (2000) 85 Cal.App.4th 579, 585.)

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