In what circumstances will a prosecutor be required to produce a standard instruction on the meaning of the word "murder" and "manslaughter" on Page 11 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Nunez, G057519 (Cal. App. 2020):

In our view, any invited error fell on the prosecutor's shoulders since his reply to the court's question insinuated that "murder" and "manslaughter" were part of the standard instruction, rather than additions. Moreover, "a defendant need not object to preserve a challenge to an instruction that incorrectly states the law and affects his or her substantial rights." (People v. Palmer (2005) 133 Cal.App.4th 1141, 1156.) Erroneous

Page 11

instructions that affect the defendant's substantial rights require no objection for review. ( 1259.)

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