What is the test for determining whether a trial judge is correct in giving a jury an instruction that is simply wrong?

California, United States of America


The following excerpt is from People v. King, B254930 (Cal. App. 2015):

King relies on the principle articulated in Bollenbach v. United States (1946) 326 U.S. 607, 612-613 [66 S.Ct. 402, 90 L.Ed. 350] that "[w]hen a jury makes explicit its difficulties a trial judge should clear them away with concrete accuracy." Bollenbach, however, is distinguishable. In Bollenbach, the trial court answered a jury's question with an instruction that was "simply wrong." (Id. at p. 613.) Here the trial court's instruction contained no error of law.

Page 16

Other Questions


What is the test for determining whether a judge made a mistake in refusing to give an instruction? (California, United States of America)
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
When there is evidence of an accomplice giving instructions to a jury in a criminal case, what is the duty of the trial court to give the jury instructions? (California, United States of America)
What is the test for determining whether an instructional error during a trial affected the outcome of the trial? (California, United States of America)
What is the de novo standard of review in determining whether a trial court had a duty to give a particular jury instruction sua sponte? (California, United States of America)
What is the effect of instructing the jury to simply "simply determine under the relevant evidence" in a jury trial? (California, United States of America)
Is a trial judge wrongfully refusing to give the following instructions? (California, United States of America)
What is the test for a jury to determine whether a defendant has been given the wrong instruction in a trial? (California, United States of America)
In determining whether the trial court erred in instructing the jury in a case, what is the test for interpreting the instructions as a whole? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.