How do we assess the correctness and adequacy of a trial court's instructions?

California, United States of America


The following excerpt is from People v. Garcia-Vega, E057831 (Cal. App. 2014):

We independently review the correctness and adequacy of the trial court's instructions, examining whether the court "'fully and fairly instructed on the applicable law.' [Citation.]" (People v. Ramos (2008) 163 Cal.App.4th 1082, 1088.) We consider the instructions as a whole and presume the jurors are capable of understanding and

Page 26

Other Questions


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)
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)
In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (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)
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)
In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (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)
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 duty of a trial court to instruct a jury on the general principles of law relevant to the issues raised by the trial? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.