Is there a reasonable likelihood that the jury was misled by the standard instruction given to the jury in a personal injury case?

California, United States of America


The following excerpt is from People v. Johnson, A140841 (Cal. App. 2018):

We must consider the whole record to determine whether there was a reasonable likelihood that the jury was misled. (See People v. Kelly (1992) 1 Cal.4th 495, 526-528.) The People argue that the standard instruction given was adequate and that the additional language of CALCRIM No. 2656 and CALCRIM No. 2670 "were essentially tailored instructions which need be given only on request." The cases cited by the People do not involve these particular instructions or any that are analogous to them.

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