California, United States of America
The following excerpt is from People v. Morales, F068207 (Cal. App. 2015):
By telling jurors they could consider "'all of the evidence of the injuries and determine what is traumatic'" in response to the third question, however, defendant says the trial court effectively removed an issue from the jury's consideration and directed an adverse finding. "The independent or de novo standard of review is applicable in assessing whether instructions correctly state the law [citations] and also whether instructions effectively direct a finding adverse to a defendant by removing an issue from the jury's consideration [citations]." (People v. Posey (2004) 32 Cal.4th 193, 218.) Applying this standard in the present case, we conclude the trial court did not err.12
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