Is it an error for the trial court to not instruct the jury on unanimity?
California, United States of America
The following excerpt is from People v. Orona, B248869 (Cal. App. 2014):
Because the prosecutor did not clearly and directly communicate to the jury of her election, it was error for the trial court to not instruct the jury, sua sponte, on unanimity. (People v. Melhado, supra, 60 Cal.App.4th at p. 1534 ["The duty to instruct on unanimity when no election has been made rests upon the court sua sponte"].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
What is the basis for a finding of error in a trial court's refusal to instruct a jury to instruct on unanimity in a case where there were three distinct threats that could have constituted violations of section 422 of the Criminal Code? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (California, United States of America)
Is it instructional error to instruct a jury in a trial trial on a defense that is not relevant to the facts of the case? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does appellant waive the issue of instructional error on appeal because she did not object to the instruction in the trial court? (California, United States of America)
