Is there a reasonable likelihood that the jury misconstrued or misapplied the law?
California, United States of America
The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 353, 243 Cal.App.4th 1247 (Cal. App. 2016):
there is a "reasonable likelihood" that the jury misconstrued or misapplied the law in light of the instructions given, the entire record of trial, and the arguments of counsel. [Citation.]" (People v. Fiu (2008) 165 Cal.App.4th 360, 370, 81 Cal.Rptr.3d 32.) As we will explain, we conclude the trial court did err in giving this instruction although we also conclude that this error was not prejudicial.
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