Is a failure to instruct a jury on a defense theory harmless?
California, United States of America
The following excerpt is from People v. Gana, 186 Cal.Rptr.3d 724, 236 Cal.App.4th 598 (Cal. App. 2015):
I agree that when there is reason to believe the jury through its verdict impliedly rejected a defense theory, the failure to instruct on that theory may be harmless under state law. (See People v. Maury (2003) 30 Cal.4th 342, 422, 133 Cal.Rptr.2d 561, 68 P.3d 1 [error harmless where although defendant was deprived of the complete defense he used the same evidence to mitigate
[236 Cal.App.4th 617]
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