Is a trial court's failure to adequately answer a jury's question under section 1138 subject to the prejudice standard of People v Watson?
California, United States of America
The following excerpt is from People v. Shamblin, E059714 (Cal. App. 2015):
A trial court's "failure under section 1138 to adequately answer the jury's question 'is subject to the prejudice standard of People v. Watson [(1956)] 46 Cal.2d 818, 836,' i.e., whether the error resulted in a reasonable probability of a less favorable outcome." (Eid, supra, 187 Cal.App.4th at p. 882 [in this context, "reasonable probability" means ' "a reasonable chance, more than an abstract possibility,' of an effect of this kind"].)23
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