In what circumstances will a plaintiff be able to prove that he was "affirmatively misled" by a court's instructions?
MultiRegion, United States of America
The following excerpt is from Kelley v. Lizarraga, No. 2:17-cv-1401 MCE KJN P (E.D. Cal. 2018):
"In order to show that he was affirmatively misled, [petitioner must] point to some inaccuracy in the court's instructions." Ford v. Pliler, 590 F.3d 782, 788 (9th Cir. 2009). Petitioner must identify an "affirmative misstatement." Id.
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