Does a failure to instruct on defense of property constitute a constitutional violation?
California, United States of America
The following excerpt is from People v. Waddell, B263977 (Cal. App. 2016):
However, we reject appellant's contention that the court's failure to instruct on defense of property in this case amounted to a constitutional violation requiring reversal absent a showing that the error was harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S. 18.)
"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 failure to instruct on the elements of a second degree murder constitute a "failure to amplify or clarify the correct instruction"? (California, United States of America)
Does a failure to instruct sua sponte on unreasonable self-defense constitute an error of federal constitutional magnitude? (California, United States of America)
When there is no substantial evidence to warrant a self-defense instruction, does McNeely's contention that counsel's failure to request the instruction constitute ineffective assistance of counsel? (California, United States of America)
Does the Court of Appeal's failure to instruct on involuntary manslaughter constitute a federal constitutional error subject to review? (California, United States of America)
Does a defense counsel's failure to disclose "statements of experts made in connection with the case" constitute a discovery violation? (California, United States of America)
Does the failure of evidence and instruction regarding count 4 constitute prejudicial instructional errors? (California, United States of America)
Does a failure to instruct the jury sua sponte on trespass violate a defendant's right to present a defense? (California, United States of America)
Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review? (California, United States of America)
Does the failure of the defense to introduce material evidence at trial constitute failure to testify? (California, United States of America)
Does the Attorney General's failure to instruct the jury on a claim of right defense constitute ineffective assistance of counsel? (California, United States of America)
