Does the trial court erred in failing to instruct the jury on the definition of primary caregiver?

California, United States of America


The following excerpt is from People v. Curtis, C071952 (Cal. App. 2014):

In this case, we need not, and do not, reach the issue of whether the trial court erred in failing to instruct the jury on the definition of primary caregiver. As we will explain, any error in failing to give such an instruction was harmless under the applicable standard set forth in Chapman v. California (1967) 386 U.S. 18, 24 [17 L.Ed.2d 705, 710-711]. (See People v. Sengpadychith (2001) 26 Cal.4th 316, 324 ["a trial court's failure to instruct on an element of a crime is federal constitutional error [citation] that requires reversal of the conviction unless it can be shown 'beyond a reasonable doubt' that the error did not contribute to the jury's verdict" (italics omitted)].)

Other Questions


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)
Does the trial court erred by failing to instruct on a defense? (California, United States of America)
Does the trial court erred in failing to instruct the jury on a diminished capacity defense in the context of involuntary manslaughter? (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)
Does the Attorney General have a claim that the trial court erred by failing to provide a written copy of the jury instructions? (California, United States of America)
What is the de novo standard of review applied to determine whether the trial court erred in failing to instruct on a lesser included offense? (California, United States of America)
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)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
What is the test for a defendant's claim that the trial court erred in failing to instruct the jury as to the lesser included offense of involuntary manslaughter? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.