What is the test for a jury to interpret "technically erroneous" jury instructions?

California, United States of America


The following excerpt is from People v. Hajek, S049626 (Cal. 2014):

Preliminarily, we noted: "When an appellate court addresses a claim of jury misinstruction, it must assess the instructions as a whole, viewing the challenged instruction in context with other instructions, in order to determine if there was a reasonable likelihood the jury applied the challenged instruction in an impermissible manner." (People v. Wilson, supra, 44 Cal.4th at p. 803.) Although we concluded that instruction was "technically erroneous," we examined the evidence and found the error harmless because, among other things, the jury had

Page 90

Other Questions


How have the courts interpreted the instructions in the context of manslaughter instructions in cases where the instruction was limited or limited? (California, United States of America)
How have instructions been interpreted in a sexual assault case where a jury was instructed to give considerable weight to the testimony of an accomplice? (California, United States of America)
What is the test for erroneous or erroneous jury instructions in the context of implied-malice murder? (California, United States of America)
When a jury is asked to interpret the jury instructions in a civil trial, what are the consequences if the instructions are claimed to be conflicting or ambiguous? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
Can a defense interpreter only interpret words of the witness interpreter at trial? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
How have the courts interpreted the specific intent instructions under the standard aiding and abetting instructions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.