Is there a reasonable likelihood that the jury was misled to prejudice?

California, United States of America


The following excerpt is from People v. Sattiewhite, 174 Cal.Rptr.3d 1, 328 P.3d 1, 59 Cal.4th 446 (Cal. 2014):

as a whole and the trial record, there is a reasonable likelihood that the jury was misled to defendant's prejudice. ( People v. Pollock (2004) 32 Cal.4th 1153, 1189, 13 Cal.Rptr.3d 34, 89 P.3d 353.) Also, we must assume that jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given. [Citation.] ( People v. Castaneda (2011) 51 Cal.4th 1292, 1321, 127 Cal.Rptr.3d 200, 254 P.3d 249.)

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