Is the order of the instructions given to the jury immaterial?
California, United States of America
The following excerpt is from People v. Marshall, H041958 (Cal. App. 2017):
" '[T]he general rule is that the order in which instructions are given is immaterial.' " (People v. Sanders (1990) 51 Cal.3d 471, 519.) This is particularly true where, as here, the jury is instructed to consider all of the instructions together. (Ibid.) Moreover, we can see no reasonable likelihood that the jury was misled by the court's ordering of the instructions. Defendant's claim that the court gave CALCRIM No. 1190
Page 9
"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
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
When a judgment of divorce is not self-executing in respect of any division of property ordered, does the court have jurisdiction to make further orders to compel obedience to the order? (California, United States of America)
In what circumstances will a jury be instructed to follow the law as explained by the court, even if the attorney's comments are in conflict with the instructions given to the jury? (California, United States of America)
Is a Defendant's failure to object or request a clarifying instruction below forfeits his ability to challenge the given instruction? (California, United States of America)
What is the difference between the written and oral versions of jury instructions in a jury trial and the written version of the instructions given to the jury? (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)
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)
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
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)
