How have courts applied harmless error review to a failure to instruct on a defense theory?
California, United States of America
The following excerpt is from People v. Mulkey, C063519, Super. Ct. No. CRF08297 (Cal. App. 2012):
First, we note that the rule in De Bright is not universally accepted. Other federal courts have applied harmless error review to the failure to instruct on a defense theory. (See, e.g., United States v. Gregoire (8th Cir. 2011)
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