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
The following excerpt is from People v. Avalos, G049460 (Cal. App. 2015):
Defendant contends the trial court erred in failing to instruct the jury as to the lesser included offense of involuntary manslaughter. "'"We apply the independent or de novo standard of review to the failure by the trial court to instruct on an assertedly lesser included offense."'" (People v. Campbell (2015) 233 Cal.App.4th 148, 158; citing People v. Licas (2007) 41 Cal.4th 362, 366.)
2. Failure to Instruct on Involuntary Manslaughter
"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
Does a defendant have grounds to argue that the trial court erred in failing to instruct the jury on the defenses of duress and necessity and the lesser included offenses of first degree murder? (California, United States of America)
Does the trial court erred in failing to include imperfect self-defense as a crime against the person as a lesser included offense of murder? (California, United States of America)
On appeal, if the trial court improperly failed to instruct on a lesser included offense, does the court have to re-examine the facts of the case? (California, United States of America)
What are the consequences of the trial court's failure to give instructions on the lesser included offenses of voluntary and involuntary manslaughter? (California, United States of America)
Does a substantial amount of evidence need to be substantial to determine whether the trial court erred in failing to instruct on a lesser included offense? (California, United States of America)
Does the trial court have to continue to consider the lesser included offenses of involuntary manslaughter and voluntary manslaughter as a defense? (California, United States of America)
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 a defendant have any grounds to argue that the trial court erred in failing to give the cautionary instruction at the end of trial? (California, United States of America)
Does a defendant have a duty to instruct the trial court on lesser included offenses of felony-murder? (California, United States of America)
Does the court have to add an instruction to the jury that, in the event the jury found defendant guilty of the lesser included charge of involuntary manslaughter, it should also consider whether he personally used an assault weapon or firearm? (California, United States of America)
