Does a party have grounds to assert error in a trial court's failure to instruct a jury to disregard and begin anew?
California, United States of America
The following excerpt is from Arrieta v. Flores, 134 Cal.Rptr.2d 683 (Cal. App. 2003):
The trial court's failure to give a proper "disregard and begin anew" instruction is a matter of correct jury procedure. Therefore, a party's failure to request such an instruction does not bar him from asserting error in the trial court's failure to duly instruct the jury in this regard. (Vaughn v. Noor 233 Cal.App.3d 14, 19-20.)
Page 7
"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 a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (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)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (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)
Can a party argue on appeal that the court failed to give a specific instruction when that party did not request such instruction? (California, United States of America)
