Does the court have to instruct the jury that the testimony of an in-custody informant should be viewed with caution?
California, United States of America
The following excerpt is from People v. Carlsen, G038025 (Cal. App. 1/28/2008), G038025 (Cal. App. 2008):
Appellant contends the court should have instructed the jury that the testimony of an in-custody informant should be viewed with caution. (See CALCRIM No. 336.) However, because appellant did not request the instruction, the court was not obliged to give it. (People v. Horning (2004) 34 Cal.4th 871, 909.) Moreover, the instruction was inapt in this case.
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