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
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