What is the test for a claim that a trial court failed to properly instruct on the applicable principles of law?

California, United States of America


The following excerpt is from People v. Goff, F069597 (Cal. App. 2016):

"[A] claim that a trial court failed to properly instruct on the applicable principles of law is reviewed de novo." (People v. Martin (2000) 68 Cal.App.4th 1107, 1111.)

Page 5

" 'The relevant inquiry [when instructional error is claimed] is whether, "in the context of the instructions as a whole and the trial record, there is a reasonable likelihood that the jury was misled to defendant's prejudice." ' " (People v. O'Malley (2016) 62 Cal.4th, 944, 991.)

Whether or not to give a particular instruction is a predominately legal question, which is also reviewed de novo. (People v. Cole (2004) 33 Cal.4th 1158, 1217.) " 'A flight instruction is proper whenever evidence of the circumstances of [a] defendant's departure from the crime scene . . . logically permits an inference that his movement was motivated by guilty knowledge.' " (People v. Abilez (2007) 41 Cal.4th 472, 522.)

As a general rule, failure to object to an instruction forfeits appellate review of it. (People v. Rivera (1984) 162 Cal.App.3d 141, 146.) An exception arises, however, if the substantial rights of appellant are affected. ( 1259.)

In this case, appellant did not simply fail to object to specific jury instructions proposed by the People or the trial court. Rather, appellant offered the specific instructions now contested, engaged in discussions with the trial court over those instructions, and affirmatively confirmed that he was "satisfied with the jury instructions." Normally, such conduct forfeits any objections on appeal. (People v. Bolin (1998) 18 Cal.4th 297, 326.)

Other Questions


What is the test for a de novo claim that the trial court failed to properly instruct the jury on the applicable principles of law? (California, United States of America)
What is the test for a claim that a trial court failed to properly instruct the jury on the applicable principles of law? (California, United States of America)
What is the test for a claim that the trial court failed to properly instruct the jury on the applicable principles of law? (California, United States of America)
What is the test for a claim that a court failed to properly instruct a jury on the applicable principles of law? (California, United States of America)
Is a claim that a court failed to properly instruct on the applicable principles of law reviewed de novo? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
Does a trial court properly instruct the jury on comparative negligence principles in a nuisance action where a defense claim is made that if the nuisance exists it arose because of negligence? (California, United States of America)
Does the Attorney General have a claim that the trial court erred by failing to provide a written copy of the jury instructions? (California, United States of America)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
What is the test for a defendant's claim that the trial court erred in failing to instruct the jury as to the lesser included offense of involuntary manslaughter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.