Is a failure to instruct with CALCRIM No. 251 harmless?

California, United States of America


The following excerpt is from People v. Sullivan, C082183 (Cal. App. 2019):

Nevertheless, the failure to instruct with CALCRIM No. 251 was harmless as it is not reasonably probable it affected the outcome. (See People v. Alvarez (1996) 14 Cal.4th 155, 220 [failure to instruct on the union of act and specific intent is prejudicial if there is a reasonable probability of an effect on the outcome].)4

Other Questions


What are the consequences of the Court's failure to instruct on an instructing on a harmless beyond a reasonable doubt finding? (California, United States of America)
Does a failure to instruct on the elements of a second degree murder constitute a "failure to amplify or clarify the correct instruction"? (California, United States of America)
Is a jury's failure to instruct the jury with a unanimity instruction harmless beyond a reasonable doubt? (California, United States of America)
Is a failure to instruct on accomplice liability harmless? (California, United States of America)
Is it harmless error to decline to instruct the jury respecting factors not listed in the requested instruction? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
Is a failure to instruct on accomplice testimony harmless? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
How have courts applied harmless error review to a failure to instruct on a defense theory? (California, United States of America)
Is a failure to instruct on accomplice liability harmless? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.